Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules 28073

approved laboratory report, or fails to

mine after obtaining a permit; (2) the

program administrator finds that the

operator’s actual and attributed annual

production of coal for all locations

exceeds three hundred thousand

(300,000) tons during the twelve (12)

months immediately following the date

on which the operator is issued the

surface coal mining and reclamation

permit; (3) the permit is sold,

transferred, or assigned to another

person and the transferee’s total actual

and attributed production exceeds the

three hundred thousand (300,000) ton

production limit during the twelve (12)

months immediately following the date

on which the permit was originally

issued. Under this subdivision, the

applicant and its successor are jointly

and severally obligated to reimburse the

regulatory authority; or (4) the applicant

does not begin mining within six (6)

months after obtaining the permit.

(b) The program administrator may

waive the reimbursement obligation if

he or she finds that the applicant at all

times acted in good faith.

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.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 and 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 or 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 to 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 OSM will be implemented

by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relief 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. 95–13157 Filed 5–26–95; 8:45 am]

BILLING CODE 4310–05–M

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.
28074 Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules

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.
Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules 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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50582L; FRL–4919–6]

RIN 2070–AB27

1,3-Propanediamine, N,N′′-1,2-

Ethanediylbis-, Polymer with 2,4,6-

Trichloro-1,3,5-triazine, Reaction

Products with N-butyl-2,2,6,6-

tetramethyl-4-piperidinamine;

Proposed Modification of Significant

New Use Rules

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to modify

the significant new use rules (SNUR)

promulgated under section 5(a)(2) of the

Toxic Substances Control Act (TSCA)

for 1,3-propanediamine, N,N′′-1,2-

ethanediylbis-, polymer with 2,4,6-

trichloro-1,3,5-triazine, reaction

products with N-butyl-2,2,6,6-

tetramethyl-4-piperidinamine, based on

a modification to the TSCA 5(e) consent

order regulating the substance.

DATES: Written comments must be

received by EPA on or before June 29,

1995.

ADDRESSES: All comments must be sent

in triplicate to: TSCA Document Receipt

Office (7407), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, Rm. E–G99, 401 M

St., SW., Washington, DC 20460.

Comments that are confidential must be

clearly marked confidential business

information (CBI). If CBI is claimed,

three additional sanitized copies must

also be submitted. Nonconfidential

versions of comments on this proposed

rule will be placed in the rulemaking

record and will be available for public

inspection. Comments should include

the docket control number. The docket

control number for the chemical

substance in this SNUR is Unit IV. of

this preamble contains additional

information on submitting comments

containing CBI.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to:

ncic@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special