[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5627]


[[Page Unknown]]

[Federal Register: March 10, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF THE INTERIOR
30 CFR Part 935

 

Ohio Regulatory Program; Revision of Administrative Rules

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing the receipt of proposed Program Amendment 
Number 65 to the Ohio permanent regulatory program (hereinafter 
referred to as the Ohio program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The amendment was initiated by Ohio 
and is intended to update rule references and to make the Ohio program 
as effective as the corresponding Federal regulations. The amendment 
concerns the authority of successor agencies within the Ohio Department 
of Natural Resources and the availability of the Ohio's permit, 
inspection, and enforcement records to the public. This document sets 
forth the times and locations that the Ohio program and proposed 
amendment to that program will be available for public inspection, the 
comment period during which interested persons may submit written 
comments on the proposed amendment, and the procedures that will be 
followed regarding the public hearing, if one is requested.

DATES: Written comments must be received on or before 4 p.m. on April 
11, 1994. If requested, a public hearing on the proposed amendment will 
be held at 1 p.m. on April 4, 1994. Requests to present oral testimony 
at the hearing must be received on or before 4 p.m. on March 25, 1994. 
Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand-delivered to Richard J. Seibel, Director, 
Columbus Field Office, at the address listed below. Copies of the Ohio 
program, the proposed amendment, and all written comments received in 
response to this document will be available for public review at the 
locations listed below during normal business hours, Monday through 
Friday, excluding holidays.

Office of Surface Mining Reclamation and Enforcement, Columbus Field 
Office, 4480 Refugee Road, suite 201, Columbus, OH 43232. Telephone: 
(614) 866-0578.
Ohio Department of Natural Resources, Division of Reclamation, 1855 
Fountain Square Court, Building H-3, Columbus, OH 43224. Telephone: 
(614) 265-6675.

    Each requester may receive, free of charge, one copy of the 
proposed amendment by contacting OSM's Columbus Field Office.

FOR FURTHER INFORMATION CONTACT: Richard J. Seibel, Director, Columbus 
Field Office, Telephone: (614) 866-0578.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

    On August 16, 1982, the Secretary of the Interior conditionally 
approved the Ohio program. General information on the Ohio program, 
including the Secretary's findings, the disposition of comments, and a 
detailed explanation of the conditions of approval, can be found in the 
August 10, 1982, Federal Register (47 FR 34688). Subsequent actions 
concerning the conditions of approval and program amendments are 
identified at 30 CFR 935.11, 935.12, 935.15, and 935.16.

II. Discussion of the Proposed Amendment

    The Ohio Department of Natural Resources, Division of Reclamation 
(Ohio) submitted proposed Program Amendment Number 65 by letter dated 
February 23, 1994 (Administrative Record No. OH-1990). In this 
amendment, Ohio proposes to revise two rules in the Ohio Administrative 
Code (OAC) to correct outdated rule references and to adopt language 
similar to corresponding Federal regulations concerning the 
availability of documents for public review:

1. Corrected Rule Reference

    OAC section 1501:13-1-05 establishes that, in the event of a 
consolidation or reorganization of offices within the Ohio Department 
of Natural Resources (ODNR), the OAC rules which now apply to the 
Division of Reclamation shall apply to and be the rules of any other 
Division or office which succeeds the Division of Reclamation as the 
administering agency for Ohio Revised Code Chapter 1513. Ohio is 
revising this rule to expand the specific references to the Division of 
Reclamation's rules to cover additional rules adopted by Ohio since OAC 
section 1501:13-1-05 was first promulgated.

2. Availability of Records

    Ohio is revising OAC section 1501:13-1-10 paragraph (B) to provide 
additional ways that members of the public may review Ohio's permit, 
inspection, and enforcement documents. Local district offices of the 
ODNR, Division of Reclamation, shall maintain copies of all documents 
pertaining to the mining operations within the jurisdiction of the 
individual offices. If Ohio does not maintain a district office in the 
specific county of the mining operation, Ohio shall either:
    (a) Make copies of all locally pertinent documents available for 
public inspection at that county's office of the county recorder or at 
that county's office of the Soil Conservation Service of the U.S. 
Department of Agriculture; or
    (b) Post, at that county's office of the county recorder or at that 
county's office of the Soil Conservation Service, a description of the 
documents available for inspection and the procedure by which members 
of the public may request copies of these documents. At its own 
expense, Ohio will promptly provide copies of documents by mail upon 
request of any resident of the area of the mining operation.
    As part of Program Amendment Number 65, Ohio provided a draft 
example of the public notice on availability of documents which Ohio 
would post at one of the two locations specified by OAC section 
1501:13-1-10(B).

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the amendment proposed by Ohio satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Ohio program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Columbus Field Office will 
not necessarily be considered in the final rulemaking or included in 
the Administrative Record.

Public Hearing

    Persons wishing to comment at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. on March 
25, 1994. If no one requests an opportunity to comment at a public 
hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to comment have been heard. Persons in the audience 
who have not been scheduled to comment and who wish to do so will be 
heard following those scheduled. The hearing will end after all persons 
scheduled to comment and persons present in the audience who wish to 
comment have been heard.

Public Meeting

    If only one person requests an opportunity to comment at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting at the OSM office listed under 
ADDRESSES by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT. All such meetings will be open to the public and, if possible, 
notices of meetings will be posted at the locations listed under 
ADDRESSES. A written summary of each public meeting will be made a part 
of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and Budget under Executive Order 12866.

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 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 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 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. Hence, 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.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 4, 1994.
Robert J. Biggi,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-5627 Filed 3-9-94; 8:45 am]
BILLING CODE 4310-05-M