TITLE 312 NATURAL RESOURCES COMMISSION

Under IC 4-22-2-23, the Natural Resources Commission intends to adopt a rule concerning the following:

OVERVIEW: Adds 312 IAC 25-1-10.5 to define "applicant/violator system". Adds 312 IAC 25-1-32.5 to define "control or controller". Amends 312 IAC 25-1-48 defining "excess spoil". Adds 312 IAC 25-1-51.5 to define "federal office of surface mining applicant violator system office". Adds 312 IAC 25-1-75.1 to define "knowing or knowingly". Amends 312 IAC 25-4-18 and 312 IAC 25-4-59 to require compliance history reports from the applicant/violator system for both surface and underground mining. Adds 312 IAC 25-4-115.1 to require timeliness of notice of changes of ownership and control by the permittee. Adds 312 IAC 25-4-122.1 to provide provisions for challenging an ownership/control determination. Adds 312 IAC 25-4-122.2 to outline evidence necessary for submission by the permittee during ownership/control challenges. Adds 312 IAC 25-4-122.3 to outline duties of the Department as a result of an ownership/control challenge. Amends 312 IAC 25-4-127 to clarify various requirements for permit revisions. Amends 312 IAC 25-5-7 to provide clarity concerning alternative postmine land uses beyond the control of the permittee. Amends 312 IAC 25-5-16 to clarify requirements for informal conferences and public hearings associated with bond release. Amends 312 IAC 25-6-59 to provide for alternative stocking rates for specific forest reclamation approaches. Amends 312 IAC 25-6-93 to clarify applicability of blasting regulations for construction of slopes and shafts at underground coal mines. Amends 312 IAC 25-6-94 for the purpose of mirroring requirements for preblast surveys at underground mines with that of the surface mine preblast survey provisions at 312 IAC 25-6-30. Amends 312 IAC 25-6-95 concerning publication and approval of blasting schedules and to mirror the requirements of the surface mine blasting provisions at 312 IAC 25-6-31. Amends 312 IAC 25-7-5 in regard to stays of a cessation order and to provide information concerning rights to appeal of determinations made under this regulation. Repeals 312 IAC 25-4-23 and 312 IAC 25-4-64 due to the federal counterpart regulations having been repealed. Questions and comments may be sent to the Division of Hearings, Natural Resources Commission, Indiana Government Center North, 100 North Senate Avenue, Room N501, Indianapolis, Indiana 46204-2200, at nrcrules@nrc.in.gov, or by telephone at (317) 232-4699. Comments may be sent by regular mail to the address above or through http://www.in.gov/nrc/2377.htm. Statutory authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-34-2-1.

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:

Brock A. Mayes

Assistant Director

Department of Natural Resources

Division of Reclamation

RR 2 Box 129

Jasonville, Indiana 47438-9517

(812) 665-2207

bmayes@dnr.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is:

Ryan Asberry

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, Indiana 46204

(317) 232-8962

smallbizombudsman@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

DIN: 20100818-IR-312100547NIA

Composed: May 04,2024 4:25:52PM EDT

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