[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Rules and Regulations]
[Pages 17637-17638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8583]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-121; Amendment 94-7]


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 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). 
Indiana proposed revisions to the Indiana Surface Coal Mining rules 
pertaining to the backfilling and grading of surface coal mining and 
reclamation operations. The amendment is intended to provide additional 
safeguards and clarify ambiguities.

EFFECTIVE DATE: April 7, 1995.

FOR FURTHER INFORMATION CONTACT:
Roger W. Calhoun, Director, Indianapolis Field Office, OSM, Minton-
Capehart Federal Building, Room 301, Indianapolis, Indiana 46204. 
Telephone: (317) 232-1547.

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 29, 
1982, Federal Register (47 FR 32071). Subsequent actions concerning 
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 January 31, 1995, (Administrative Record No. IND-
1420) Indiana submitted a proposed amendment to its program pursuant to 
SMCRA at its own initiative. Indiana proposed to revise 310 IAC 12-5-
54.1--Surface Mining: Backfilling and Grading, Timing Limitations.
    OSM announced receipt of the proposed amendment in the February 17, 
1995, Federal Register (60 FR 9313), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on March 20, 1995.

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 
proposed 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.
310 IAC 12-5-54.1--Surface Mining: Backfilling and Grading, Timing 
Limitations

    Indiana is revising subsection (a) to make several nonsubstantive 
wording changes. At subsection (a)(1), Indiana is requiring that 
backfilling and grading in [[Page 17638]] mining operations that 
involve spoil ridges be accomplished in 180 days of deposition, 
provided that no more than four spoil ridges remain at any one time. 
The current regulations specify that no more than an average of four 
spoil ridges by length remain.
    Indiana is revising subsection (b) to make two nonsubstantive 
wording changes and to correct a cross-reference.
    Indiana is revising subsection (c) to make two nonsubstantive 
wording changes and to delete the requirement that requests for an 
extension of the timing limitation for more than one year be approved 
by the Natural Resources Commission.
    The corresponding Federal regulations at 30 CFR 816.101 were 
suspended effective August 31, 1992 (57 FR 33875). Therefore, States 
may adopt backfilling and grading time and distance standards which 
result in contemporaneous mining and reclamation as required by 30 CFR 
816.100. The Director finds the proposed revisions at 310 IAC 12-5-54.1 
no less effective than the Federal requirements for contemporaneous 
reclamation at 30 CFR 816.100 and 817.100.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received, and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interests in the Indiana program. No comments 
were received.

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 
proposed 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 EPA's concurrence.

V. Director's Decision

    Based on the above finding, the Director approves the proposed 
amendment as submitted by Indiana on January 31, 1995.
    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 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 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 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 30, 1995.
David G. Simpson,
Acting Assistant Director, Eastern Support Center.

    For the reasons set out in the preamble, title 30, chapter VII, 
subchapter T of the Code of Federal Regulations 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 by adding paragraph (hhh) to read as 
follows:


Sec. 914.15  Approval of regulatory program amendments.

* * * * *
    (hhh) The following amendment (Program Amendment Number 94-7) as 
submitted to OSM on January 31, 1995 is approved effective April 7, 
1995: 310 IAC 12-5-54.1 concerning timing limitations for backfilling 
and grading of surface coal mining and reclamation operations.

[FR Doc. 95-8583 Filed 4-6-95; 8:45 am]
BILLING CODE 4310-05-M