[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Proposed Rules]
[Pages 28073-28075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13158]



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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-126; Amendment Number 95-9]


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 consists of the addition of six 
definitions to the Indiana Administrative Code (IAC) at 310 IAC 12. 
These definitions pertain to acid mine drainage; augmented seeding, 
fertilization, or irrigation; high level management; public building; 
randomly located; and support facility. The proposed amendment is 
intended to revise the Indiana program to be consistent with the 
corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., e.d.t. June 29, 
1995. If requested, a public hearing on the proposed amendment will be 
held on June 26, 1995. Requests to speak at the hearing must be 
received by 4:00 p.m., e.d.t. on June 14, 1995.

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.

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 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. Discussion of the Proposed Amendments

    By letter dated May 11, 1995, the Indiana Department of Natural 
Resources (IDNR) submitted a proposed amendment to its program pursuant 
to SMCRA (State program amendment number 95-9, administrative record 
No. IND-1469). Indiana submitted the proposed amendment at its own 
initiative. Amendment number 95-9 consists of the addition of six 
definitions to article 310 IAC 12-0.5. The full text of the six 
definitions is shown below.

1. 310 IAC 12-0.5-2  ``Acid Drainage'' defined

    ``Acid drainage'' means water with a Ph of less than six (6.0) and 
in which total acidity exceeds total alkalinity, discharged from an 
active, inactive, or abandoned surface coal mine and reclamation 
operation or from an area affected by surface coal mining and 
reclamation operations.

2. 310 IAC 12-0.5-14  ``Augmented Seeding, Fertilization, or 
Irrigation'' Defined

    ``Augmented seeding, fertilization, or irrigation'' means seeding, 
fertilizing, or irrigating in excess of normal agronomic practices 
within the region.

3. 310 IAC 12-0.5-57  ``High Level Management'' defined

    ``High level management'' means that the following agronomic 
practices must be implemented:
    (1) Using cropping systems that help maintain good tilth and high 
organic matter content.
    (2) Controlling erosion through conservation and water management 
practices so that the quality of the soil is maintained or improved 
rather than reduced.
    (3) Applying lime and fertilizer in accordance with soil test 
recommendations of the state agricultural experiment station for 
targeted yields of reference crops.
    (4) Using crop residue to the fullest extent practicable to protect 
and improve the soil.
    (5) Following conservation tillage practices were needed to reduce 
the hazards of soil compaction and erosion.
    (6) Using only the crop varieties that are adapted to the climate 
and the soil.
    (7) Controlling weeds, plant diseases, and harmful insects by 
currently accepted management techniques.
    (8) Draining wet areas using surface or subsurface drainage systems 
so that excess water on or in the soil does not restrict yields of 
adapted crops.

310 IAC 12-0.5-95  ``Public Building'' defined

    ``Public building'' means a structure that is owned by a public 
agency or used principally for public business meetings or other group 
gatherings.

310 IAC 12-0.5-99  ``Randomly Located'' defined

    ``Randomly located'' means the selection of a location that is 
statistically independent of all previous and future location 
selections.

310 IAC 12-0.5-123  ``Support Facility'' defined

    (a) ``Support facility'' means a facility resulting from, or 
incidental to, an activity identified in section 125(1) of this rule 
and the area upon which the facility is located.
    (b) As used in subsection (a), ``resulting from or incidental to'' 
connotes an element of proximity to the activity.
    (c) A support facility includes the following:
    (1) Mine buildings.
    (2) Bath houses.
    (3) Coal loading facilities.
    (4) Coal crushing and sizing facilities.
    (5) Coal storage facilities.
    (6) Equipment and storage facilities.
    (7) Fan buildings.
    (8) Hoist buildings.
    (9) Sheds, shops, and other buildings.
    (10) Facilities used to treat and store water for mine consumption.
    (11) Railroads, surface conveyor systems, chutes, aerial tramways, 
and other transportation facilities, but not including roads.

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. [[Page 28075]] 

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., e.d.t. 
on June 14, 1995. 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.
    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.

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 has 
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 States 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: May 23, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-13158 Filed 5-26-95; 8:45 am]
BILLING CODE 4310-05-M