Indiana Regulatory Program

[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Proposed Rules]
[Pages 44448-44450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21138]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-143-FOR; State Program Amendment No. 98-5]


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). Indiana proposes revisions to rules 
concerning revegetation standards for success for nonprime farmland for 
surface and underground coal mining and reclamation operations under IC 
14-34. Indiana intends to revise its program to be consistent with the 
corresponding Federal regulations.
    This document gives the times and locations that the Indiana 
program and 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 will be followed for 
the public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., e.s.t., 
September 15, 1999. If requested, we will hold a public hearing on the 
amendment on September 10, 1999. We will accept requests to speak at 
the hearing until 4:00 p.m., e.s.t. on August 31, 1999.

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

    On July 29, 1982, the Secretary of the Interior conditionally 
approved the Indiana program. 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 2, 1999 (Administrative Record No. IND-
1664), Indiana sent us an amendment to its program under SMCRA. This 
amendment replaces State Program Amendment No. 95-2, which we approved 
in the May 30, 1995 Federal Register (60 FR 28069). Indiana sent the 
amendment at its own initiative. Indiana proposes to amend the Indiana 
Administrative Code (IAC). Below is a summary of the changes proposed 
by Indiana. The full text of the proposed program amendment is 
available for your inspection at the locations listed above under 
ADDRESSES.

310 IAC 12-5-64.1 (Surface) and 12-5-128.1 (Underground) Revegetation 
Standards for Success for Nonprime Farmland

    Since the revisions being proposed for surface mining at Sec. 12-5-
64.1(c) are identical to those being proposed for underground mining at 
Sec. 12-5-128.1(c), they will be combined for ease of discussion. These 
subsections provide the standards for success which are to be applied 
under the approved postmining land uses.
    Indiana proposes paragraph notation changes to reflect the 
organizational changes made throughout subsections (c). Additionally, 
Indiana proposes revisions throughout subsections (c) to correct the 
reference to the ``Soil Conservation Service'' to the ``Natural 
Resources Conservation Service.''
    Indiana proposes to revise subsection (c)(3)(B) by adding the 
requirement that if current Natural Resources Conservation Service 
predicted yield by soil map units are used to determine production of 
living plants, then the standard for success shall be a weighted

[[Page 44449]]

average of the predicted yields for each unmined soil type which 
existed on the permit areas at the time the permit was issued.
    Indiana proposes to delete the existing language in subsection 
(c)(3)(C) for determining production of living plants on pastureland 
and replace it with the following:

    (C) A target yield determined by the following formula: Target 
Yield = NRCS Target Yield  x  (CCA/10 Year CA) where: NRCS Target 
Yield = the average yield per acre, as predicted by the Natural 
Resources Conservation Service, for the crop and the soil map units 
being evaluated. The most current yield information at the time of 
permit issuance shall be used, and shall be contained in the 
appropriate sections of the permit application. CCA = the county 
average for the crop for the year being evaluated as reported by the 
United States Department of Agriculture crop reporting service, the 
Indiana Agricultural Statistics Service. 10 Year CA = the ten (10) 
Year Indiana Agricultural Statistics Service county average, 
consisting of the year being evaluated and the nine (9) preceding 
years.

    Indiana proposes to add subsection (c)(3)(D) to allow other methods 
approved by the director of the Indiana Department of Natural Resources 
(IDNR) to be used in determining success of production of living plants 
on revegetated nonprime farmland pasture land.
    Indiana proposes to delete existing subsection (c)(4), and 
redesignate existing subsections (c)(5), (c)(6), (c)(7), and (c)(8) as 
subsections (c)(4), (c)(5), (c)(6), and (c)(7), respectively.
    At new subsection (c)(5)(B), Indiana proposes to revise the 
existing language by adding the requirement that if current Natural 
Resources Conservation Service predicted yield by soil map units are 
used to determine production of living plants, then the standard for 
success shall be a weighted average of the predicted yields for each 
unmined soil type which existed on the permit areas at the time the 
permit was issued.
    At new subsection (c)(5)(C), Indiana proposes to delete the 
existing language for determining production of living plants on 
cropland and replace it with the following:

    (C) A target yield determined by the following formula: Target 
Yield = CCA x (NRCSP/NRCSC) where: CCA = the county average for the 
crop for the year being evaluated as reported by the United States 
Department of Agriculture crop reporting service, the Indiana 
Agricultural Statistics Service. NRCSP = the weighted average of the 
current Natural Resources Conservation Service predicted yield for 
each croppable, unmined soil which existed on the permit at the time 
the permit was issued. NRCSC = the weighted average of the current 
Natural Resources Conservation Service predicted yield for each 
croppable, unmined soil which is shown to exist in the county on the 
most current county soil survey. A croppable soil is any soil which 
the Natural Resources Conservation Service has defined as being in 
capability class I, II, III, or IV.

    Indiana also proposes to add new subsections (c)(5)(D) and 
(c)(5)(E) to allow other methods approved by the director of the 
Indiana Department of Natural Resources (IDNR) to be used in 
determining success of production of living plants on revegetated 
nonprime farmland pasture land. Once the method for establishing the 
standards has been selected, it may not be modified without the 
approval of the director of IDNR.
    Finally, Indiana proposes to revise the language in new subsection 
(c)(6) by removing the requirement that if current Natural Resources 
Conservation Service predicted yield by soil map units are used to 
determine production of living plants, then the standard for success 
shall be a weighted average of the predicted yields for each unmined 
soil type which existed on the permit areas at the time the permit was 
issued.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are requesting 
comments on whether the 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

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their 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 review in their entirety.
    Your written comments should be specific and pertain only to the 
issues proposed in this rulemaking. You should explain the reason for 
any recommended change. Please submit Internet comments as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Please also include ``Attn: SPATS No. IN-143-FOR,'' your name, and your 
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. In the final rulemaking, 
we will not necessarily consider or include in the Administrative 
Record any comments received after the time indicated under ``DATES'' 
or at locations other than the Indianapolis Field Office.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on 
August 31, 1999. We will arrange the location and time of the hearing 
with those persons requesting the hearing. If you are disabled and need 
special accommodations to attend a public hearing, contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The hearing 
will not be held if no one requests an opportunity to speak at the 
public hearing.
    You should file a written statement at the time you request the 
hearing. This will allow us 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. 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.

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 amendment, 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 also 
make a written summary of each meeting a part of the Administrative 
Record.

IV. Procedural Determinations

Executive Order 12866

    The Office of Management and Budget (OMB) exempts this rule from 
review under Executive Order 12866 (Regulatory Planning and Review).

Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has

[[Page 44450]]

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 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 State regulatory programs and 
program amendments 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

    This rule does not require an environmental impact statement since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on 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. Therefore, this rule will ensure that existing requirements 
previously published 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.

Unfunded Mandates

    OSM has determined and certifies under the Unfunded Mandates Reform 
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of 
$100 million or more in any given year on local, state, or tribal 
governments or private entities.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 6, 1999.
Charles Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-21138 Filed 8-13-99; 8:45 am]
BILLING CODE 4310-55-P