[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12864]


[[Page Unknown]]

[Federal Register: May 26, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 935

 

Ohio Permanent Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: OSM is announcing the receipt of proposed Program Amendment 
Number 68 to the Ohio permanent regulatory program (hereinafter the 
Ohio program) under the Surface Mining Control and Reclamation Act of 
1977 (SMCRA). The amendment was initiated by Ohio and is intended to 
make the Ohio program as effective as the corresponding Federal 
regulations concerning contemporaneous reclamation. Specifically, the 
amendment proposes to define the terms ``area mining'' and ``contour 
mining,'' to establish time and distance schedules for backfilling and 
grading for mining methods other than area and contour mining, to 
require the contemporaneous commencement of augering, and to require a 
description of the mining method in the operation plan contained in the 
permit.

DATES: Written comments must be received on or before 4 p.m., E.D.T., 
on June 27, 1994. If requested, a public hearing on the proposed 
amendments will be held on June 20, 1994. Requests to speak at the 
hearing must be received by 4 p.m., E.D.T., on June 10, 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 speak at the hearing should 
be mailed or hand delivered to Richard J. Seibel, Director, at the 
address listed below.
    Copies of the Ohio program, the proposed amendments, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Columbus Field Office.

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

FOR FURTHER INFORMATION CONTACT:
Richard J. Seibel, Director, Columbus Field Office, (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. Background information on the Ohio program, 
including the Secretary's findings, the disposition of comments, and 
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 can be found at 30 CFR 935.11, 935.12, 
935.15, and 935.16.

II. Description of the Proposed Amendment

    By letter dated May 17, 1994 (Administrative Record No. OH-2018), 
the Ohio Department of Natural Resources, Division of Reclamation 
(Ohio), submitted proposed Program Amendment Number 68. In this 
amendment, Ohio proposes to revise three rules in the Ohio 
Administrative Code (OAC) to make the Ohio program as effective as the 
corresponding Federal regulations concerning contemporaneous 
reclamation. The specific rule revisions proposed by Ohio in this 
amendment are briefly described below.
    1. OAC section 1501:13-1-02 paragraph (J): Ohio is adding this new 
paragraph to define the term ``mining area.''
    2. OAC section 1501:13-4-02 paragraph (CC): Ohio is adding this new 
paragraph to define the term ``contour mining.''
    3. OAC section 1501:13-4-05 paragraphs (A)(2)(a) (i) through (iv): 
Ohio is adding these new paragraphs to require that the mining 
operation plan in permit applications shall identify the mining method 
to be used and, depending on that proposed mining method, the maximum 
extent of cover to be mined, the beginning and ending point of the 
mining, the direction of mining, spoil placement plans, the locations 
of haul roads, the intended timing of the mining operation, and any 
other information that demonstrates an orderly and reasonable 
progression of mining and that specifies how the mining operation will 
meet the contemporaneous reclamation requirements of OAC section 
1501:13-9-13.
    4. OAC section 1501:13-4-05 paragraph (D)(2)(a): Ohio is revising 
this paragraph to require that reclamation plans in the permit 
application shall contain a detailed timetable for the completion of 
each major step of the reclamation plan specific to the described 
mining method and addressing the contemporaneous reclamation 
requirements of OAC section 1501:13-9-13.
    5. OAC section 1501:13-9-13 paragraphs (A) (1) through (6): Ohio is 
revising these paragraphs to clarify the rule language, to specify 
minimum time and distance requirements for backfilling and grading for 
mining methods other than contour or area mining, and to require the 
contemporaneous commencement of augering after the creation of the 
highwall to be augered.
    6. OAC section 1501:13-9-13 paragraph (A)(7): Ohio is adding this 
new paragraph to clarify that areas that are backfilled and rough 
graded shall closely resemble the final ground surface configuration 
approved in the mining and reclamation plan but that these areas are 
not necessarily ready for resoiling or eligible for Phase I bond 
release.
    As part of and in support of proposed Program Amendment Number 68, 
Ohio has also submitted a draft Policy/Procedure Directive which 
provides additional clarification and guidance on the proposed Ohio 
rule requirements for contemporaneous reclamation.

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 speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., E.D.T., 
on June 10, 1994. The location and time of the hearing will be arranged 
with those persons requesting the hearing. 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 speak have been heard. Persons in the audience who 
have not been scheduled to speak and who wish to do so will be heard 
following those who have been scheduled. The hearing will end 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. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of the meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) 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 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 
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.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 20, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-12864 Filed 5-25-94; 8:45 am]
BILLING CODE 4310-05-M