[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Proposed Rules]
[Pages 18380-18381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8888]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-235; Amendment Number 70]


Ohio Regulatory Program

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

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

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SUMMARY: OSM is announcing the receipt of a proposed amendment to the 
Ohio 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 make the Ohio 
program as effective as the corresponding Federal regulations 
concerning the frequency of inspections at abandoned coal mining 
operations.

    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 by 4:00 p.m., E.D.T. on May 
11, 1995. If requested, a public hearing on the proposed amendment will 
be held at 1:00 p.m., E.D.T. on May 8, 1995. Requests to speak at the 
hearing must be received by 4:00 p.m. E.D.T., on April 26, 1995.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand-delivered to Mr. Robert H. Mooney, Acting 
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 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.

Office of Surface Mining Reclamation and Enforcement, Columbus Field 
Office, 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:
Mr. Robert H. Mooney, Acting 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. Information on the general background of the 
Ohio program submission, including the Secretary's findings, the 
disposition of comments, and a detailed explanation of the conditions 
of approval of the Ohio program, 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. Description of the Proposed Amendment

    The Ohio Department of Natural Resources, Division of Reclamation 
(Ohio) submitted proposed Program Amendment Number 70 by letter dated 
March 28, 1995 (Administrative Record No. OH-2104). In this amendment, 
Ohio proposes to revise one rule at Ohio Administrative Code (OAC) 
section 1501:13-14-01 to make the Ohio program as effective as the 
corresponding Federal regulations concerning the frequency of 
inspections at abandoned coal mining operations. The substantive rule 
revisions proposed by Ohio in this amendment are briefly described 
below:
    1. Definition of ``Abandoned Coal Mining and Reclamation 
Operation'': Ohio is revising paragraph (A)(3) to define the term 
``abandoned coal mining and reclamation operation.'' Ohio is revising 
paragraph (A)(4) to exclude abandoned operations from the definition of 
``active coal mining and reclamation operation.''
    2. Alternative Inspection Frequency at Abandoned Operations: Ohio 
is adding a new paragraph (E) to authorize less frequent inspections of 
abandoned operations. Ohio is proposing to select a specific inspection 
frequency for each abandoned operation which shall be 
[[Page 18381]] commensurate with the public health and safety and 
environmental considerations present at that specific site. In no case 
shall Ohio conduct less than one complete inspection per calendar year 
at each abandoned operation.
    Before changing to an alternate inspection frequency for an 
abandoned operation, Ohio will first conduct a complete inspection of 
the operation, prepare a written finding justifying the inspection 
frequency selected for the operation, and publish a public notice of 
the State's intent to change to the less frequent inspection schedule 
for the operation. The notice shall provide the public with a 30-day 
period in which to submit written comments on the State's proposed 
change to less frequent inspections of the specified operation.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the proposed amendment 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 4:00 p.m., 
E.D.T. on April 26, 1995. 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 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.
    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.

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 Columbus Field Office by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All 
such meetings shall 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 public 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 5034 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 
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. 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 corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 5, 1995.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-8888 Filed 4-10-95; 8:45 am]
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