Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9313

failure or the relief of system pressures.

The following conditions apply:

(i) Lessees must not flare or vent oilwell gas for more than 48 continuous

hours without the approval of the

Regional Supervisor. The Regional

Supervisor may specify a limit of less

than 48 hours when necessary to

prevent air quality degradation. Flaring

or venting gas from a facility must not

continue for more than 144 cumulative

hours during any calendar month

without the approval of the Regional

Supervisor.

(ii) Lessees must not flare or vent gaswell gas beyond the time required to

eliminate a temporary emergency

without the approval of the Regional

Supervisor.

(3) During the unloading or cleaning

of a well, drill-stem testing, productiontesting, or other well-evaluation testing

for periods not to exceed 48 cumulative

hours per testing operation on a single

completion. The Regional Supervisor

may specify a shorter period of time,

under prior notice, to prevent air quality

degradation.

(b) Lessees may flare or vent oil-well

gas for a period not to exceed 1 year

when the Regional Supervisor approves

the request for one of the following

reasons:

(1) The lessee initiated an action

which, when completed, will eliminate

flaring and venting; or

(2) The lessee submitted an evaluation

supported by engineering, geologic, and

economic data indicating that the oil

and gas produced from the well(s) will

not economically support the facilities

necessary to save and/or sell the gas, or

that sufficient quantities of gas are not

available for marketing.

(c) Lessees must not burn produced

liquid hydrocarbons without the prior

approval of the Regional Supervisor. To

burn produced liquid hydrocarbons, the

lessee must demonstrate that the

amounts to be burned would be

minimal, or that the alternatives are

infeasible or pose a significant risk to

offshore personnel or the environment.

Alternatives to burning liquid

hydrocarbons include transporting the

liquids or storing and re-injecting them

into a producible zone.

(d) Lessees must prepare records

detailing gas flaring or venting, and

liquid hydrocarbon burning, for each

facility. The records must include, at a

minimum:

(1) Daily volumes of gas flared or

vented, and liquid hydrocarbons

burned.

(2) Number of hours of flaring,

venting, or burning on a daily basis.

(3) Reasons for flaring, venting, or

burning.

(4) A list of the wells contributing to

flaring, venting, or burning, along with

the gas-oil ratio data.

(e) Lessees must keep these records

for at least two (2) years. Lessees must

make the records available for

inspection by Minerals Management

Service (MMS) representatives at the

lessees’ field office that is nearest the

Outer Continental Shelf facility, or at

other locations conveniently available to

the Regional Supervisor. Upon request

by the Regional Supervisor, lessees must

provide a copy of the records to MMS.

[FR Doc. 95–3986 Filed 2–16–95; 8:45 am]

BILLING CODE 4310–MR–M

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[IN–121–FOR; Amendment 94–7]

Indiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Indiana

regulatory program (hereinafter referred

to as the ‘‘Indian program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

changes to the Indiana Surface Coal

Mining rules. The amendment is

intended to revise 310 IAC 12–5–54.1

and the timing limitations of backfilling

and grading for surface coal mining and

reclamation operations under IC 13–4.1.

DATES: Written comments must be

received by 4:00 p.m., E.S.T. March 20,

1995. If requested, a public hearing on

the proposed amendment will be held

on March 14, 1995. Requests to speak at

the hearing must be received by 4:00

p.m., E.S.T. on March 6, 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 32071). 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

Amendment

By letter dated January 31, 1995

(Administrative Record No. IND–1420),

the Indiana Department of Natural

Resources (IDNR) submitted to OSM a

State program amendment package

consisting of revisions to the Indiana

program rules. The amendment revises

language at 310 IAC 12–5–54.1

concerning the timing limitations for

backfilling and grading of surface coal

mining and reclamation operations. The

following amendments are being

proposed.

1. 310 IAC 12–5–54.1 Backfilling and

Grading; Timing Limitations

Subsection (a). The word

‘‘commission’’ is being deleted and is

replaced by the word ‘‘director.’’ The

word ‘‘paragraphs’’ is being deleted and

replaced by ‘‘subsection.’’ The words

‘‘of this rule’’ are being deleted.

Subsection (a)(1). The word ‘‘and’’ is

being deleted immediately before ‘‘eight

(180).’’ The words ‘‘an average of’’ are

being deleted immediately preceding

‘‘four (4).’’ The words ‘‘(by length)’’ are

being deleted immediately following

‘‘four (4) spoil ridges.’’ With these

changes, backfilling and grading for

dragline type operations which deposit

the overburden into spoil ridges must be
9314 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules

accomplished within 180 days of

deposition, provided that no more than

four (4) spoil ridges remain at any one

time.

Subsection (a)(4). In the second

sentence, the word ‘‘commission’’ is

deleted and is replaced by the word

‘‘director.’’

Subsection (b). The changes to this

subsection all involve nonsubstantive

wording changes.

Subsection (c). Nonsubstantive

wording changes are being made to the

first sentence. The second sentence

concerning the required commission

approval of variances is being deleted in

its entirety. With these changes, the

revised subsection provides that ‘‘[t]he

director may grant variances to the

limitations of subsection (a) for good

cause.’’

The proposed program amendment

submitted by Indiana is available for

public inspection at the addresses listed

above. The Director now seeks public

comment on whether the proposed

amendment is no less effective than the

Federal regulations. If approved, the

amendment will become part of the

Indiana program.

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 March

6, 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 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.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 10, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–4063 Filed 2–16–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 917

Kentucky Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing the

receipt of revisions of two previously