[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Rules and Regulations]
[Pages 75418-75423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32108]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[IN-153-FOR; Administrative Cause No. 02-034R]
Indiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Indiana regulatory program
(Indiana program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). The Indiana Department of Natural Resources
(IDNR or Indiana) proposed revisions to and additions of rules
concerning protection of ground water quality. Indiana revised its
program to provide additional safeguards for ground water.
EFFECTIVE DATE: December 31, 2003.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director,
Indianapolis Field Office. Telephone: (317) 226-6700. Internet address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Indiana Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
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 State program 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 this Act * * * and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Indiana program effective 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 32071). You
can also find later actions concerning the Indiana program and program
amendments at 30 CFR 914.10, 914.15, 914.16, and 914.17.
II. Submission of the Amendment
By letter dated September 3, 2003 (Administrative Record No. IND-
1719), IDNR sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.). IDNR proposed to amend its program by adding new
definitions, application requirements, and performance standards
concerning the protection of ground water quality. IDNR is amending the
Indiana program because the Indiana Groundwater Protection Act of 1989
(Indiana Code (IC) 13-18-17) requires any State agency with
jurisdiction over an activity that may affect the quality of Indiana's
ground water to adopt rules to apply the groundwater quality standards
established by the Indiana Water Pollution Control Board (WPCB). In
accordance with IC 13-18-17, WPCB adopted ground water quality
standards at 327 Indiana Administrative Code (IAC) 2-11. WPCB's rule at
327 IAC 2-11-2 specifically requires IDNR to adopt rules to apply the
standards established in 327 IAC 2-11 to the facilities, practices, and
activities it regulates.
We announced receipt of the proposed amendment in the October 15,
2003, Federal Register (68 FR 59352). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on November 14, 2003. We received comments from
one industry group, one citizens group, and one Federal agency.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment as described below.
A. Definitions
Indiana added the definitions discussed below from WPCB's
definitions at 327 IAC 2-11-3(5), (8) and (11). Indiana added these
definitions to help in implementing its new performance standards
concerning the protection of ground water quality at 312 IAC 25-6-12.5
and 25-6-76.5.
1. At 312 IAC 25-1-45.5, Indiana is adding the following definition
for ``drinking water well.''
``Drinking water well,'' for the purposes of 312 IAC 25-6-12.5
and 312 IAC 25-6-76.5, means a bored, drilled, or driven shaft or a
dug hole that meets each of the following:
(1) Supplies ground water for human consumption.
(2) Has a depth greater than its largest surface dimension.
(3) Is not permanently abandoned under 312 IAC 13-10-2.
Although there is no direct Federal counterpart definition for a
drinking water well, Indiana's proposed definition is not inconsistent
with the Federal definition of ``drinking, domestic, or residential
water supply'' at 30 CFR 701.5. The Federal definition means, in part,
water received from a well for direct human consumption or household
use. Therefore, we are approving Indiana's definition at 312 IAC 25-1-
45.5.
2. At 312 IAC 25-1-60.5, Indiana is adding the following definition
for ``Ground water management zone.''
``Ground water management zone'' means a three (3) dimensional
region of ground water around a potential or existing contaminant
source where a contaminant is or was managed to prevent or mitigate
deterioration of ground water quality such that the criteria
established in 312 IAC 25-6-12.5(a) or 312 IAC 25-6-76.5(a) are met
at and beyond the boundary of the region.
There is no Federal counterpart definition for the term ``ground
water management zone.'' However, Indiana's proposed definition is not
inconsistent with sections 515(b)(10) and 516(b)(9) of SMCRA or the
Federal requirements at 30 CFR 816.41 and 817.41 concerning protection
of the hydrologic balance, including ground water quality protection.
Therefore, we are approving Indiana's definition at 312 IAC 25-1-60.5.
3. At 312 IAC 25-1-109.5, Indiana is adding the following
definition for ``Property boundary.''
``Property boundary,'' for the purposes of 312 IAC 25-6-12.5 and
312 IAC 25-6-76.5, means the edge of a contiguous parcel of land
owned by or leased to the permittee. Contiguous land shall include
land separated by a public right-of-way, if that land would
otherwise be contiguous.
There is no Federal counterpart definition for the term ``property
boundary.'' However, Indiana's proposed definition is not inconsistent
with the Federal definition of ``permit area'' at 30 CFR 701.5 or the
Federal requirements concerning permit
[[Page 75419]]
boundaries at 30 CFR 779.24 and 783.24. Therefore, we are approving
Indiana's definition at 312 IAC 25-1-109.5.
B. Surface Mining Permit Applications
1. At 312 IAC 25-4-43, Indiana is adding subdivision (4). This new
subdivision requires the maps and plans of the proposed permit and
adjacent areas to include all monitoring locations used to demonstrate
compliance with 312 IAC 25-6-12.5.
There is no direct Federal counterpart to subdivision (4). However,
the proposed provision is not inconsistent with the requirements of the
Federal regulations at 30 CFR 780.21(i) concerning ground water
monitoring plans. The Federal regulation at 30 CFR 780.21(i)(1)
requires the ground water monitoring plan to include identification of
site locations for ground water monitoring. Therefore, we are approving
312 IAC 25-4-43(4).
2. At 312 IAC 25-4-47(b), protection of hydrologic balance, Indiana
is adding subdivision (9). This new subdivision requires the
reclamation plan to contain a description, with appropriate maps and
cross section drawings, of a plan to demonstrate compliance with 312
IAC 25-6-12.5.
Although there is no direct Federal counterpart to subdivision (9),
the proposed provision is not inconsistent with the requirements of the
Federal regulation at 30 CFR 780.21(h) concerning hydrologic
reclamation plans. The Federal regulation at 30 CFR 780.21(h) requires
the hydrologic reclamation plan to contain steps to be taken to meet
applicable Federal and State water quality laws and regulations.
Therefore, we are approving 312 IAC 25-4-47(b)(9).
C. Underground Mining Permit Applications
1. At 312 IAC 25-4-85(b), protection of hydrologic balance, Indiana
is adding subdivision (8). This new subdivision requires the
reclamation plan to contain a description, with appropriate maps and
cross section drawings, of a plan to demonstrate compliance with 312
IAC 25-6-76.5.
Although there is no direct Federal counterpart to subdivision (8),
the proposed provision is not inconsistent with the requirements of the
Federal regulation at 30 CFR 784.14(g) concerning hydrologic
reclamation plans. The Federal regulation at 30 CFR 784.14(g) requires
hydrologic reclamation plans to contain steps to be taken to meet
applicable Federal and State water quality laws and regulations.
Therefore, we are approving 312 IAC 25-4-85(b)(8).
2. At 312 IAC 25-4-93, Indiana is adding subdivision (4). This new
subdivision requires the maps and plans of the proposed permit and
adjacent areas to include all monitoring locations used to demonstrate
compliance with 312 IAC 25-6-76.5.
Although there is no direct Federal counterpart to subdivision (4),
the proposed provision is not inconsistent with the requirements of the
Federal regulation at 30 CFR 784.14(h) concerning ground water
monitoring plans. The Federal regulation at 30 CFR 784.14(h)(1)
requires the ground water monitoring plan to include identification of
site locations for ground water monitoring. Therefore, we are approving
312 IAC 25-4-93(4).
D. Surface Mining--Hydrologic Balance; Ground Water Quality Standards
Indiana is adding a new rule at 312 IAC 25-6-12.5 to read as
follows:
312 IAC 25-6-12.5 Hydrologic balance; application of ground
water quality standards at surface coal mining and reclamation
operations permitted under IC 14-34 on which coal extraction,
including augering, coal processing, coal processing waste disposal,
or spoil deposition, occurs after the effective date of this
section, or on which disposal activity subject to IC 13-19-3-3 has
occurred and the area is not fully released from the performance
bond required by IC 14-34-6.
(a) Ground water is classified under 327 IAC 2-11 to determine
appropriate criteria that shall be applied to ground water.
(b) Surface coal mining and reclamation operations must be
planned and conducted to prevent violations of ground water quality
standards under 327 IAC 2-11.
(c) Surface coal mining and reclamation operations must be
planned and conducted to prevent impacts to the ground water in a
drinking water well or a nondrinking water supply well, including an
industrial, commercial, or agricultural supply well, that result in
a contaminant concentration that, based on best scientific
information, renders the well unusable for its current use. If a
drinking water well or a nondrinking water supply well is affected
by contamination, diminution, or interruption proximately resulting
from surface mining activities, 312 IAC 25-4-33 and 312 IAC 25-6-25
govern water replacement.
(d) The ground water management zone described in 327 IAC 2-11-9
must be established as follows:
(1) At each drinking water well that is within three hundred
(300) feet from the edge of any of the following:
(A) A coal extraction area.
(B) A coal mine processing waste disposal site if not within a
coal extraction area.
(C) An area where coal is extracted by auger mining methods.
(D) A location at which coal is crushed, washed, screened,
stored, and loaded at or near the mine site unless the location is
within the coal extraction area.
(E) A spoil deposition area.
(2) Within three hundred (300) feet from the edge of an area or
site described in subdivision (1) where there is no drinking water
well that is within three hundred (300) feet from the edge of an
area or site described in subdivision (1). If the property boundary
or permit boundary is located within three hundred (300) feet from
the edge of an area or site described in subdivision (1), the
director shall require that a monitoring well be placed at a
location approved by the director between the property boundary or
permit boundary and the edge of an area or site described in
subdivision (1). If a standard listed in 327 IAC 2-11 is exceeded at
a monitoring well described in subdivision (2) that the director
determines was caused by an activity under subdivision (1), the
permittee must submit to the director a plan describing, in detail,
the steps to be taken to prevent material damage to the hydrologic
balance beyond the permit boundary and a timetable for
implementation. This plan must be submitted within thirty (30) days
of the discovery of an exceedance and include information relative
to access, additional monitoring, and any measures to be taken to
minimize changes to the prevailing hydrologic balance and to prevent
material damage to the hydrologic balance beyond the permit
boundary.
(3) If a drinking water well is located within three hundred
(300) feet of an area or site described in subdivision (1) and it is
determined that there is a substantial likelihood of impact, the
director may require that a monitoring well be placed at a location
approved by the director between the drinking water well and the
edge of an area or site described in subdivision (1). If a standard
listed in 327 IAC 2-11 is exceeded at a monitoring well described in
subdivision (3) that the director determines was caused by an
activity under subdivision (1), the permittee shall submit to the
director a plan describing, in detail, the steps to be taken and a
timetable for taking the action that takes into account site-
specific conditions to provide protection for the drinking water
well. This plan must be submitted within thirty (30) days of the
discovery of an exceedance and include information relative to
access, additional monitoring, and any measures to be taken to
minimize changes to the prevailing hydrologic balance and to prevent
material damage to the hydrologic balance beyond the permit
boundary.
(e) The criteria established in subsection (a) must be met at
and beyond the boundary of the ground water management zone.
There is no direct Federal counterpart to the proposed regulation
at 312 IAC 25-6-12.5. However, we find that the requirements of 312 IAC
25-6-12.5 are not inconsistent with Section 515(b)(10) of SMCRA or the
Federal regulations at 30 CFR 780.21(h) and 816.41(a), concerning
protection of the hydrologic balance. The Federal regulation at 30 CFR
780.21(h), concerning hydrologic reclamation plans, requires plans to
contain steps to be taken to meet
[[Page 75420]]
applicable Federal and State water quality laws and regulations.
Section 515(b)(10) of SMCRA and the Federal regulation at 30 CFR
816.41(a) allow the regulatory authority to require additional
preventative, remedial, or monitoring measures to assure that material
damage to the hydrologic balance outside the permit area is prevented.
Therefore, we are approving 312 IAC 25-6-12.5.
E. Underground Mining--Hydrologic Balance; Ground Water Quality
Standards
Indiana is adding a new rule at 312 IAC 25-6-76.5 to read as
follows:
312 IAC 25-6-76.5 Underground mining; hydrologic balance;
application of ground water quality standards at underground coal
mining and reclamation operations permitted under IC 14-34 on which
coal extraction, coal processing, coal processing waste disposal, or
underground development waste and spoil deposition occurs after the
effective date of this section, or on which disposal activity
subject to IC 13-19-3-3 has occurred and the area is not fully
released from the performance bond required by IC 14-34-6.
(a) Ground water is classified under 327 IAC 2-11 to determine
appropriate criteria that shall be applied to ground water.
(b) Underground coal mining and reclamation operations must be
planned and conducted to prevent violations of ground water quality
standards under 327 IAC 2-11.
(c) Underground coal mining and reclamation operations must be
planned and conducted to prevent impacts to the ground water in a
drinking water well or a nondrinking water supply well, including an
industrial, commercial, or agricultural supply well, that result in
a contaminant concentration that, based on best scientific
information, renders the well unusable for its current use. If a
drinking water well or a nondrinking water supply well is affected
by contamination, diminution, or interruption proximately resulting
from surface mining activities, 312 IAC 25-4-74 and 312 IAC 25-6-88
govern water replacement.
(d) The ground water management zone described in 327 IAC 2-11-9
must be established as follows:
(1) At each drinking water well that is within three hundred
(300) feet from the edge of any of the following:
(A) A coal mine processing waste disposal site.
(B) A location at which coal is crushed, washed, screened,
stored, and loaded at or near the mine site.
(C) An underground development waste and spoil deposition area.
(2) Within three hundred (300) feet from the edge of an area or
site described in subdivision (1) where there is no drinking water
well that is within three hundred (300) feet from the edge of an
area or site described in subdivision (1). If the property boundary
or permit boundary is located within three hundred (300) feet from
the edge of an area or site described in subdivision (1), the
director shall require that a monitoring well be placed at a
location approved by the director between the property boundary or
permit boundary and the edge of an area or site described in
subdivision (1). If a standard listed in 327 IAC 2-11 is exceeded at
a monitoring well described in subdivision (2) that the director
determines was caused by an activity under subdivision (1), the
permittee must submit to the director a plan describing, in detail,
the steps to be taken to prevent material damage to the hydrologic
balance beyond the permit boundary and a timetable for
implementation. This plan must be submitted within thirty (30) days
of the discovery of an exceedance and include information relative
to access, additional monitoring, and any measures to be taken to
minimize changes to the prevailing hydrologic balance and to prevent
material damage to the hydrologic balance beyond the permit
boundary.
(3) If a drinking water well is located within three hundred
(300) feet of an area or site described in subdivision (1) and it is
determined that there is a substantial likelihood of impact, the
director may require that a monitoring well be placed at a location
approved by the director between the drinking water well and the
edge of an area or site described in subdivision (1). If a standard
listed in 327 IAC 2-11 is exceeded at a monitoring well described in
subdivision (3) that the director determines was caused by an
activity under subdivision (1), the permittee shall submit to the
director a plan describing, in detail, the steps to be taken and a
timetable for taking the action that takes into account site-
specific conditions to provide protection for the drinking water
well. This plan must be submitted within thirty (30) days of the
discovery of an exceedance and include information relative to
access, additional monitoring, and any measures to be taken to
minimize changes to the prevailing hydrologic balance and to prevent
material damage to the hydrologic balance beyond the permit
boundary.
(e) The criteria established in subsection (a) must be met at
and beyond the boundary of the ground water management zone.
There is no direct Federal counterpart to the proposed regulation
at 312 IAC 25-6-76.5. However, we find that the requirements of 312 IAC
25-6-76.5 are not inconsistent with Section 516(b)(9) of SMCRA or the
Federal regulations at 30 CFR 784.14(g) and 817.41(a), concerning
protection of the hydrologic balance. The Federal regulation at 30 CFR
784.14(g), concerning hydrologic reclamation plans, requires plans to
contain steps to be taken to meet applicable Federal and State water
quality laws and regulations. Section 516(b)(9) of SMCRA and the
Federal regulation at 30 CFR 817.41(a) allow the regulatory authority
to require additional preventative, remedial, or monitoring measures to
assure that material damage to the hydrologic balance outside the
permit area is prevented. Therefore, we are approving 312 IAC 25-6-
76.5.
IV. Summary and Disposition of Comments
Public Comments
On October 15, 2003, we asked for public comments on the amendment
(68 FR 59352), and received comments from one industry group and one
citizens group.
Industry Group. We received comments from the Indiana Coal Council,
Inc. (ICC) on October 31, 2003 (Administrative Record No. IND-1723).
ICC commented that the proposed amendment is not inconsistent with any
provision of SMCRA or of OSM's permanent program regulations, and
should be approved. ICC also commented that the proposed amendment
would not repeal or revise the requirement of Indiana's counterpart to
30 CFR 816.41(a) that surface mining and reclamation activities be
conducted to prevent material damage to the hydrologic balance outside
the permit area. ICC provided support for these comments.
We agree with ICC's comments. As shown above in section III, OSM's
Findings, we found that the provisions of Indiana's proposed amendment
are not inconsistent with SMCRA or the Federal regulations concerning
protection of the hydrologic balance.
Citizens Group. We received comments from the Hoosier Environmental
Council (HEC) on November 14, 2003 (Administrative Record No. IND-
1724).
HEC Comment 1
The rules make no mention of wells used for purposes other than
human consumption. The Indiana Ground Water Quality Standards state
`No person shall cause the ground water in a non-drinking water
supply well, including an industrial, commercial, or agricultural
supply well, to have a contaminant concentration that, based on best
scientific information, renders the well unusable for it current
use.' 327 IAC 2-11-2 Sec. 2(f) Despite this requirement, a
definition is only provided for drinking water wells, and no mention
is made in the rules about protection of non-drinking water supply
wells.
A definition for non-drinking water supply wells should be
included in these rules. Language should be inserted requiring the
protection of the use of these wells. While not used for human
consumption, these wells are an important resource to their owners
including farmers who often rely on ground water for irrigation and
livestock. Farmers would be especially hard hit by the cost of
replacing these wells with municipal water or other water supplies.
Response to Comment 1. We disagree with the commenter. Indiana's
proposed rules do require protection for nondrinking water supply
wells.
[[Page 75421]]
Specifically, Indiana's proposed rules at 312 IAC 25-6-12.5(c) for
surface mining and 25-6-76.5(c) for underground mining provide that
coal mining and reclamation operations must be planned and conducted to
prevent impacts to the ground water in a drinking water well or a
nondrinking water supply well, including an industrial, commercial, or
agricultural supply well. The operations must prevent impacts to the
ground water that result in a contaminant concentration that, based on
best scientific information, renders the well unusable for its current
use. These rules also provide remedies if a drinking water well or a
nondrinking water supply well is affected by contamination, diminution,
or interruption proximately resulting from mining activities. Indiana's
rules at 312 IAC 25-4-33 and 312 IAC 25-6-25 govern water replacement
for surface mining activities and 312 IAC 25-4-74 and 312 IAC 25-6-88
govern water replacement for underground mining activities. Although
Indiana did not add a definition for non-drinking water supply wells,
neither did the Water Pollution Control Board in its rules at 327 IAC
2-11.
HEC Comment 2
The rule sets no provisions for minimizing ground water
contamination within the mine itself. Indiana's Surface Mining
Control and Reclamation Act (I-SMCRA), Ind. Code Sec. 14-34 et
seq., requires mine operators to `Minimize disturbances to the
prevailing hydrologic balance at the mine site and associated
offsite areas and to the quality and quantity of water in surface
and ground water system during and after surface coal mining and
reclamation operations.' (IC 14-34-10-2(13)) Under the proposed
rule, no standards will apply within the ground water management
zone. Under the IDEM [Indiana Department of Environmental
Management] ground water standards, the standard for these areas
becomes the amount of pollution caused by mining upon bond release.
Thus these rules do not enforce the requirement to minimize the
pollution of mine waters within mined properties.
Response to Comment 2. Indiana's proposed rules are in addition to
Indiana's existing rules for the protection of the hydrologic balance
at 312 IAC 25-6, which apply to the entire permit area and adjacent
areas. The proposed rules do not replace or restrict the requirements
of IC 14-34-10-2(13) or of Indiana's implementing rules at 312 IAC 25-
6-12 and 25-6-21 through 25-6-23.
HEC Comment 3
The provisions of federal and state mining law in concerns to
ground water contamination will be enforced by the standards set by
this proposed rule. Under its current language, it does not comply
with the requirements of SMCRA and I-SMCRA of minimizing pollution
within the mine boundaries and preventing pollution outside of the
permit boundary.
Response to Comment 3. We disagree with the commenter. As discussed
in our response to Comment 2 above, the proposed rules do not replace
or restrict Indiana's existing rules concerning protection of the
hydrologic balance, including ground water. Although Indiana's proposed
rules at 312 IAC 25-6-12.5 and 25-6-76.5 will specifically enforce the
ground water quality standards under 327 IAC 2-11, Indiana's existing
rules enforce the hydrologic balance standards, including ground water,
required by SMCRA and I-SMCRA.
Federal Agency Comments
On September 9, 2003, under 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA, we requested comments on the amendment from various
Federal agencies with an actual or potential interest in the Indiana
program (Administrative Record No. IND-1720). The U.S. Fish and
Wildlife Service responded on October 8, 2003 (Administrative Record
No. IND-1721), that it had no specific comments on the program
amendment.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued 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 these air or water quality standards.
Therefore, we did not ask EPA to concur on the amendment.
On September 9, 2003, under 30 CFR 732.17(h)(11)(i), we requested
comments on the amendment from EPA (Administrative Record No. IND-
1720). EPA did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On September 9, 2003, we requested comments on Indiana's
amendment (Administrative Record No. IND-1720), but neither responded
to our request.
V. OSM's Decision
Based on the above findings, we approve the amendment Indiana sent
us on September 3, 2003.
We approve the rules proposed by Indiana with the provision that
they be fully promulgated in identical form to the rules submitted to
and reviewed by OSM and the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 914, which codify decisions concerning the Indiana
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately. Section 503(a) of SMCRA
requires that the State's program demonstrate that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this rule effective immediately will expedite that
process. SMCRA requires consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Takings
The revisions made at the initiative of the State that do not have
Federal counterparts have been reviewed and a determination made that
they do not have takings implications. This determination is based on
the fact that the provisions have no substantive effect on the
regulated industry.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
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 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
the Federal regulations at 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.
[[Page 75422]]
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 pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Indiana program does
not regulate coal exploration and surface coal mining and reclamation
operations on Indian lands. Therefore, the Indiana program has no
effect on Federally-recognized Indian tribes.
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
This rule does not require an environmental impact statement
because 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 certifies that the provisions in
this rule that are not based upon counterpart Federal regulations 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.).
This determination is based upon the fact that the provisions are not
expected to have a substantive effect on the regulated industry.
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; and (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
provisions are not expected to have a substantive effect on the
regulated industry.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
provisions are not expected to have a substantive effect on the
regulated industry.
List of Subjects in 30 CFR Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 4, 2003.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
0
For the reasons set out in the preamble, 30 CFR part 914 is amended as
set forth below:
PART 914--INDIANA
0
1. The authority citation for part 914 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 914.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 914.15 Approval of Indiana regulatory program amendments.
* * * * *
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Original amendment submission
date Date of final publication Citation/description
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* * * * * * *
September 3, 2003............ December 31, 2003................ 312 IAC 25-1-45.5, 60.5, 109.5; 25-4-43(4), 47(b)(9), 85(b)(8), 93(4); 25-6-12.5,
76.5.
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[FR Doc. 03-32108 Filed 12-30-03; 8:45 am]
BILLING CODE 4310-05-P