[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Rules and Regulations]
[Pages 39727-39729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19791]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-130-FOR; State Program Amendment No. 95-8]


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 an 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 permit application 
requirements for reclamation plans, public availability of information, 
and stream buffer zones. The amendment is intended to revise the 
Indiana program to be consistent with the corresponding Federal 
regulations.

EFFECTIVE DATE: July 24, 1998.

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. Internet: <a href="/cdn-cgi/l/email-protection#dbbabcb2b7b6b4a9be9bb4a8b6a9bef5bcb4ad"><span class="__cf_email__" data-cfemail="3a5b5d53565755485f7a554957485f145d554c">[email protected]</span></a>.

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 6, 1998 (Administrative Record No. IND-1596), 
Indiana submitted a proposed amendment to its program pursuant to 
SMCRA. Indiana submitted the amendment at its own initiative.
    OSM announced receipt of the amendment in the April 6, 1998 Federal 
Register (63 FR 16723), 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 amendment. The public comment period 
closed on May 6, 1998. Because no one requested a public hearing or 
meeting, none was held.
    During its review of the amendment, OSM identified concerns 
relating to technical errors at 310 IAC 12-3-80(a), reclamation plan 
requirements; 310 IAC 12-5-32(a)(1), water quality standards; and 310 
IAC 12-5-32(a)(2), requirements for stream channel diversions. OSM 
notified Indiana of these concerns by letter dated April 20, 1998 
(Administrative Record No. IND-1603).
    By electronic mail dated May 15, 1998 (Administrative Record No. 
IND-1608), Indiana responded to OSM's concerns by stating that the 
editorial errors at 310 IAC 12-3-80(a), 12-5-32(a)(1), and 12-5-
32(a)(2) would be corrected. Because no substantive revisions were made 
to the amendment, OSM did not reopen the public comment period.

[[Page 39728]]

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 
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.

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

    The proposed State rules discussed below 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.

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                 Topic                                           State rules                                    Federal counterpart regulation          
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reclamation plans--surface mining.....  310 IAC 12-3-46(a)..........................................  30 CFR 780.18(a).                                 
Estimate of reclamation cost--surface   310 IAC 12-3-46(b)(2).......................................  30 CFR 780.18(b)(2).                              
 mining.                                                                                                                                                
Final surface configuration plan--      310 IAC 12-3-46(b)(3).......................................  30 CFR 780.18(b)(3).                              
 surface mining.                                                                                                                                        
Soil removal/replacement plan--surface  310 IAC 12-3-46(b)(4).......................................  30 CFR 780.18(b)(4).                              
 mining.                                                                                                                                                
Revegetation plan--surface mining.....  310 IAC 12-3-46(b)(5).......................................  30 CFR 780.18(b)(5).                              
Soil testing plan--surface mining.....  310 IAC 12-3-46(b)(5)(g)....................................  30 CFR 780.18(b)(5)(vii).                         
Reclamation plan--underground mining..  310 IAC 12-3-80(a)..........................................  30 CFR 784.13(a).                                 
Estimate of reclamation cost--          310 IAC 12-3-80(b)(2).......................................  30 CFR 784.13(b)(2).                              
 underground mining.                                                                                                                                    
Final surface configuration plan--      310 IAC 12-3-80(b)(3).......................................  30 CFR 784.13(b)(3).                              
 underground mining.                                                                                                                                    
Soil removal/replacement plan--         310 IAC 12-3-80(b)(4).......................................  30 CFR 784.13(b)(4).                              
 underground mining.                                                                                                                                    
Revegetation plan--underground mining.  310 IAC 12-3-80(b)(5).......................................  30 CFR 784.13(b)(5).                              
Public availability of information....  310 IAC 12-3-110(f).........................................  30 CFR 773.13(d)(3)(iii).                         
Information disclosure procedures.....  310 IAC 12-3-110(g).........................................  30 CFR 773.13(d)(3).                              
Stream buffer zones--surface mining...  310 IAC 12-5-32(a)..........................................  30 CFR 816.57(a).                                 
Marking of stream buffer zones--        310 IAC 12-5-32(b)..........................................  30 CFR 816.57(b).                                 
 surface mining.                                                                                                                                        
Stream buffer zones--underground        310 IAC 12-5-97(a)..........................................  30 CFR 817.57(a).                                 
 mining.                                                                                                                                                
Marking of stream buffer zones--        310 IAC 12-5-97(b)..........................................  30 CFR 817.57(b).                                 
 underground mining.                                                                                                                                    
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    Because the above revisions are identical in meaning to the 
corresponding Federal regulations, the Director finds that Indiana's 
rules are no less effective than the Federal regulations.

IV. Summary and Disposition of Comments

Public Comments

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

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the 
amendment from various Federal agencies with an actual or potential 
interest in the Indiana program (Administrative Record No. IND-1600). 
On April 17, 1998, the U.S. Fish and Wildlife Service (FWS) responded 
to OSM's request (Administrative Record No. IND-1604). The FWS 
commented that 310 IAC 12-5-32(a)(1) and (a)(2) referred to underground 
mining activities when they should in fact be referring to surface 
mining activities. OSM notified Indiana of these concerns by letter 
dated April 20, 1998 (Administrative Record No. IND-1603). Indiana 
responded to OSM's concerns by electronic mail dated May 15, 1998 
(Administrative Record No. IND-1608), stating that the editorial errors 
at 12-5-32(a)(1) and (a)(2) would be corrected. The FWS also commented 
that the addition of intermittent streams to the 100-foot disturbance 
buffer constraint at 310 IAC 12-5-32(a) and 310 IAC 12-5-97(a) is a 
``major improvement for protection of water quality and aquatic 
resources.'' Finally, the FWS commented that compliance with State or 
Federal water quality standards as required by 310 IAC 12-5-32(a)(1) 
and 310 IAC 12-5-97(a)(1) should be consistent with the methodology 
used by the Indiana Department of Environmental Management in its 
reviews under Section 401 of the Clean Water Act. Indiana's regulations 
at 310 IAC 12-5-32(a)(1) and 310 12-5-97(a)(1) are substantially 
identical to the Federal regulations at 30 CFR 816.57(a)(1) and 30 CFR 
817.57(a)(1), and therefore are not inconsistent with the Federal 
requirements. The methodology used to ensure compliance is not at issue 
in this rulemaking. However, a copy of the FWS comments were given to 
Indiana for its consideration.

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 
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 30 CFR 732.17(h)(11)(i), OSM solicited comments on the 
amendment from the EPA (Administrative Record No. IND-1600). The 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 amendments which may have an effect on historic properties 
from the SHPO and ACHP. OSM solicited comments on the amendment from 
the SHPO and ACHP (Administrative Record No. IND-1600). Neither the 
SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves the amendment as 
submitted by Indiana on March 6, 1998.
    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

[[Page 39729]]

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

    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: July 9, 1998.

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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                                            Date of final                                                       
  Original amendment submission date         publication                      Citation/description              
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
March 6, 1998........................  July 24, 1998..........  310 IAC 12-3-46(a), (b)(2) through (b)(5); 12-3-
                                                                 80(a), (b)(2) through (b)(5); 12-3-110 (f),    
                                                                 (g); 12-5-32(a), (b); 12-5-97(a), (b).         
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[FR Doc. 98-19791 Filed 7-23-98; 8:45 am]
BILLING CODE 4310-05-P


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