[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Proposed Rules]
[Pages 48390-48393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23503]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[SPATS No. IN-152-FOR; State Program Amendment No. 2001-1]
Indiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a proposed amendment to the Indiana regulatory
program (Indiana program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment
concerns recodification of Indiana's rules for coal mining and
reclamation operations. It includes revisions to the rules pertaining
to the definition of ``affected area,'' identification of interests,
compliance information, permit conditions, and public availability of
permit applications. Indiana intends to revise its program in response
to Indiana legislation requiring all State agency rules to be
recodified every seven years.
This document gives the times and locations that the Indiana
program and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments until 4 p.m., e.s.t., October
22, 2001. If requested, we will hold a public hearing on the amendment
on October 15, 2001. We will accept requests to speak at the hearing
until 4 p.m., e.s.t. on October 5, 2001.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Andrew R. Gilmore, Director,
Indianapolis Field Office, at the address listed below.
You may review copies of the Indiana program, the amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting
OSM's Indianapolis Field Office.
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, IN
46204, Telephone: (317) 226-6700
Indiana Department of Natural Resources, Bureau of Mine Reclamation,
402 West Washington Street, Room W-295, Indianapolis, Indiana 46204,
Telephone: (317) 232-1291
Indiana Department of Natural Resources, Division of Reclamation, R.R.
2, Box 129, Jasonville, Indiana 47438-9517, Telephone: (812) 665-2207
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director,
Indianapolis Field Office, Telephone: (317) 226-6700, Internet:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Indiana Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program
[[Page 48391]]
includes, among other things, ``* * * a State law which provides for
the regulation of surface coal mining and reclamation operations in
accordance with the requirements of the Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of this criteria, the Secretary of the Interior conditionally approved
the Indiana program on July 29, 1982. You can find background
information on the Indiana program, including the Secretary's findings,
the disposition of comments, and the conditions of approval in the July
26, 1982, Federal Register (47 FR 32107). You can find later actions on
the Indiana program at 30 CFR 914.10, 914.15, and 914.16.
II. Description of the Proposed Amendment
By letter dated August 21, 2001 (Administrative Record No. IND-
1712), Indiana sent us an amendment to its program under SMCRA and the
Federal regulations at 30 CFR 732.17(b). Indiana sent the amendment at
its own initiative. Indiana proposes to recodify its rules from Title
310 Indiana Administrative Code (IAC) 12 to Title 312 IAC 25. Editorial
changes, including structural and grammatical changes, were made
throughout the recodified rules. The amendment includes revisions to
Indiana's recodified rules at 312 IAC 25-1-8, definition of ``affected
area''; 312 IAC 25-4-17, surface mining permit applications-
identification of interests; 312 IAC 25-4-18, surface mining permit
applications-compliance information; 312 IAC 25-4-58, underground
mining permit applications-identification of interests; 312 IAC 25-4-
59, underground mining permit applications-compliance information; 312
IAC 25-4-113, public availability of permit application information;
and 312 IAC 25-4-118, permit conditions. Below is a summary of the
substantive changes proposed by Indiana. The full text of the proposed
program amendment is available for your inspection at the locations
listed above under ADDRESSES.
A. 312 IAC 25-1-8 (previously 310 IAC 12-0.5-6) Definition of Affected
Area
Indiana is recodifying the definition of affected area at 312 IAC
25-1-8 with exceptions. Indiana is not recodifying the currently
approved provisions at 310 IAC 12-0.5-6(a)(5), (b), and (c). This has
the effect of removing these provisions from its approved program.
B. 312 IAC 25-4-17 (previously 310 IAC 12-3-19.1) Surface Mining Permit
Applications-Identification of Interests
Indiana's rule at 312 IAC 25-4-17 specifies the information that
must be included in a surface mining permit application for
identification of interests. Indiana proposes to restructure this
section to comply with formatting guidelines set out by the Indiana
Legislative Services Agency.
C. 312 IAC 25-4-18 (previously 310 IAC 12-3-20) Surface Mining Permit
Applications-Compliance Information and 312 IAC 25-4-59 (previously 310
IAC 12-3-58) Underground Mining Permit Applications-Compliance
Information
Indiana's rules at 312 IAC 25-4-18 and 25-4-59 specify the
information that must be included in a permit application concerning
permit suspensions or revocations, bond forfeitures, and notices of
violation. Indiana proposes minor restructuring to comply with
formatting guidelines set by the Indiana Legislative Services Agency.
Indiana proposes to change 312 IAC 25-4-18(a)(3) and 25-4-59(a)(3) to
read as follows:
(3) A list of all violation notices received by the applicant
during the three (3) year period preceding the application date, and
a list of all outstanding violation notices received prior to the
date of the application by any surface coal mining operation that is
deemed or presumed to be owned or controlled by either the applicant
or any person who is deemed or presumed to own or control the
applicant under the definition of ``owned or controlled'' and ``owns
and controls'' in 312 IAC 25-1-94. For each notice of violation
issued under 312 IAC 25-7-6 or under a federal or state program for
which the abatement period has not expired, the applicant shall
certify that such notice of violation is in the process of being
corrected to the satisfaction of the agency with jurisdiction over
the violation.
Indiana also proposes to add the following new provision at 312 IAC
25-4-59(b):
(b) After the applicant is notified that his or her application
is approved, but before the permit is issued, the applicant shall as
applicable, update, correct, or indicate that no change has occurred
in the information previously submitted under this section.
D. 312 IAC 25-4-58 (previously 310 IAC 12-3-57) Underground Mining
Permit Applications; Identification of Interests
Indiana's rule at 312 IAC 25-4-58 specifies the information that
must be included in an underground mining permit application for
identification of interests. The language and structure of the existing
provisions were revised to make the new rule consistent with Indiana's
surface mining permit application requirements for identification of
interests at 312 IAC 25-4-17 (previously 310 IAC 12-3-19.1).
E. 312 IAC 25-4-113 (previously 310 IAC 12-3-110) Public Availability
of Permit Application Information
Indiana is recodifying its provisions concerning public
availability of permit application information at 312 IAC 25-4-113 with
an exception. Indiana is not recodifying the previously approved
provision at 310 IAC 12-3-110(f) concerning the confidentiality of
information on the nature and location of archaeological resources on
public and Indian land. This has the effect of removing this provision
from its approved program.
F. 312 IAC 25-4-118 (previously 310 IAC 12-3-114.5) Permit Conditions
Indiana proposes to add 312 IAC 25-4-118 to specify the conditions
under which a permit is issued. Section 25-4-118(1) requires the
permittee to conduct surface coal mining and reclamation operations
only on those lands that are specifically designated as the permit area
and bonded. Section 25-4-118(2) requires the permittee to conduct
operations only as described in the approved application, except to the
extent otherwise directed in the permit. Section 25-4-118(3) requires
the permittee to comply with the terms and conditions of the permit and
all applicable performance standards and requirements of the Indiana
program. Section 25-4-118(4) requires the permittee to allow authorized
representatives of the Director of the Indiana Department of Natural
Resources to have right of entry and to be accompanied by private
persons when the inspection is in response to an alleged violation
reported by a private person. Section 25-4-118(5) requires the
permittee to take all possible steps to minimize adverse impacts to the
environment or public health and safety resulting from a noncompliance
with any term or condition of the permit. Section 25-4-118(6) requires
the permittee to comply with the requirements of the Indiana program
for compliance, modification, or abandonment of existing structures.
Section 25-4-118(7) requires the operator to pay all reclamation fees.
Section 25-4-118(8) requires the permittee to submit updates, if any,
to the information previously submitted under 312 IAC 25-4-17(c) within
30 days after a cessation order is issued under 312 IAC 25-7-5.
[[Page 48392]]
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking comments
on whether the proposed amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Indiana program.
Written Comments: If you submit written or electronic comments on
the proposed rule during the 30-day comment period, they should be
specific, should be confined to issues pertinent to the notice, and
should explain the reason for your recommendation(s). We may not be
able to consider or include in the Administrative Record comments
delivered to an address other than the one listed above (see
ADDRESSES).
Electronic Comments: Please submit Internet comments as an ASCII,
WordPerfect, or Word file avoiding the use of special characters and
any form of encryption. Please also include ``Attn: SPATS NO. IN-152-
FOR'' and your name and return address in your Internet message. If you
do not receive a confirmation that we have received your Internet
message, contact the Indianapolis Field Office at (317) 226-6700.
Availability of Comments: Our practice is to make comments,
including names and home addresses of respondents, available for public
review during regular business hours at OSM's Indianapolis Field Office
(see ADDRESSES). Individual respondents may request that we withhold
their home address from the administrative record, which we will honor
to the extent allowable by law. There also may be circumstances in
which we would withhold from the administrative record a respondent's
identity, as allowable by law. If you wish us to withhold your name
and/or address, you must state this prominently at the beginning of
your comment. However, we will not consider anonymous comments. We will
make all submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, available for public inspection in their
entirety.
Public Hearing: If you wish to speak at the public hearing, contact
the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m.,
e.s.t. on October 5, 2001. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak at the public hearing, the hearing will not be
held.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her testimony. The public
hearing will continue on the specified date until all persons scheduled
to speak have been heard. If you are in the audience and have not been
scheduled to speak and wish to do so, you will be allowed to speak
after those who have been scheduled. We will end the hearing after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
If you are disabled and need a special accommodation to attend a
public hearing, contact the person 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. If you wish to meet with us to discuss the proposed amendment,
you may request a meeting by contacting the person listed under FOR
FURTHER INFORMATION CONTACT. All such meetings are open to the public
and, if possible, we will post notices of meetings at the locations
listed under ADDRESSES. We will also make a written summary of each
meeting a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal
regulations.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary under SMCRA.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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 because each 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.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866 and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed State regulatory program provision does not
constitute a major Federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget 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
[[Page 48393]]
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 counterpart
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 counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
This determination is based upon the fact that the State submittal
which is the subject of this rule is based upon counterpart Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulation was not considered a major rule.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 24, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-23503 Filed 9-19-01; 8:45 am]
BILLING CODE 4310-05-P