[Federal Register Volume 60, Number 73 (Monday, April 17, 1995)]
[Proposed Rules]
[Pages 19194-19197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9389]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 935

[OH-204; Amendment No. 54R]


Ohio Regulatory and AML Programs

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

ACTION: Proposed rule; reopening and extension of public comment 
period.

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SUMMARY: OSM is reopening the public comment period for a revised 
amendment to the Ohio permanent regulatory and Abandoned Mined Land 
(AML) programs (hereinafter referred to as the Ohio programs) under the 
Surface Mining Control and Reclamation Act of 1977. The revised 
amendment proposes additional changes to ten sections of the Ohio 
Revised Code (ORC) to clarify those sections of State law, to conform 
those sections to current State practices, and to make those sections 
equivalent to corresponding Federal laws. The proposed revisions 
concern lands eligible for remining, public roadways, average wage 
rates, deletion of obsolete language on interim continuance of 
underground coal mining operations, activities eligible for Small 
Operator Assistance, refund of excess permit fees to operators, use of 
the Reclamation Supplemental Forfeiture Fund for non-coal reclamation, 
interfund transfers, and required staff training.
    This document sets forth the times and locations that the Ohio 
programs and the proposed amendments to those programs will be 
available for public inspection, the comment period during which 
interested persons may submit written comments on the proposed 
amendments, and the procedures that will be followed regarding the 
public hearing, if one is requested.

DATES: Written comments must be received on or before 4:00 p.m., e.d.t. 
on May 17, 1995. If requested, a public hearing on the proposed 
amendments will be held at 1:00 p.m., e.d.t. on May 12, 1995. Requests 
to speak at the hearing must be received on or before 4:00 p.m., e.d.t. 
on May 2, 1995.

ADDRESSES: Written comments and requests to speak 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 programs, 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 amendments 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. [[Page 19195]] 
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 programs. Information on the general background of 
the Ohio program submissions, including the Secretary's findings, the 
disposition of comments, and a detailed explanation of the conditions 
of approval of the Ohio programs, 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 Amendments

    By letter dated February 7, 1992 (Administrative Record No. OH-
1645), the Ohio Department of Natural Resources, Division of 
Reclamation (Ohio) submitted proposed Program Amendment Number 54 (PA 
54). In PA 54, Ohio proposed to revise 13 sections of the ORC 
concerning a number of regulatory and AML issues. OSM announced receipt 
of PA 54 in the April 13, 1992, Federal Register (57 FR 12779), and in 
the same notice, opened the public comment period and provided 
opportunity for a public hearing on the adequacy of the proposed 
amendment. The public comment period ended on May 13, 1992.
    By letter dated June 15, 1992 (Administrative Record No. OH-1714), 
OSM provided Ohio with its questions and comments about the February 7, 
1992, submission of PA 54. On July 20, 1992, OSM and Ohio staff met to 
discuss and resolve OSM's questions and comments (Administrative Record 
No. OH-1746). On July 28, 1992, OSM and Ohio staff further resolved 
some of those issues in a telephone conversation (Administrative Record 
No. OH-1754).
    In response to OSM's June 15, 1992, letter, Ohio submitted Revised 
Program Amendment Number 54 (PA 54R) by letter dated September 2, 1992 
(Administrative Record No. OH-1769). PA 54R contained further revisions 
to seven sections of the ORC. OSM announced receipt of PA 54R in the 
October 28, 1992, Federal Register (57 FR 48765), and in the same 
notice, opened the public comment period and provided opportunity for a 
public hearing on the adequacy of the proposed amendment. The public 
comment period ended on November 27, 1992.
    On December 16, 1992 (Administrative Record No. OH-1800), OSM and 
Ohio staff conducted a telephone discussion of the September 2, 1992, 
resubmission of PA 54R. On April 30, 1993, OSM and Ohio staff met 
informally to discuss the status of the amendment with respect to the 
State's legislative process.
    In the June 11, 1993, Federal Register (58 FR 32611), the Director 
of OSM announced his decision to defer Ohio PA 54R with the exception 
of the Director's approval of one proposed change at ORC section 
1513.02(F)(3) which the Ohio General Assembly was likely to pass in its 
current form. The Director made this decision because the Ohio 
Legislative Service Commission had not yet drafted the final statutory 
language on which PA 54R would ultimately be based and because that 
language would not be available for review by OSM within the 
foreseeable future.
    By letter dated March 31, 1995 (Administrative Record No. OH-2107), 
Ohio submitted the final version of PA 54R. This final version contains 
the statutory changes approved by the Ohio General Assembly in Senate 
Bill 180 and in House Bill 414. The two bills were signed by the Ohio 
Governor on December 23, 1992, and December 27, 1994, respectively. The 
revised statutes went into effect on March 24, 1993, and March 27, 
1995, respectively.
    Ohio's March 31, 1995, final submission of PA 54R reiterates many 
of the statute changes previously proposed in PA 54 and PA 54R. The new 
submission also proposes new changes to ten sections of the ORC. OSM 
discussed the previously proposed changes in the April 13 and October 
28, 1992, Federal Register documents concerning the previous 
submissions of PA 54 and PA 54R. Therefore, only newly proposed 
substantive changes to Ohio's coal regulatory and AML program statutes 
are discussed below. Statute changes which solely concern Ohio's non-
coal regulatory program are outside the jurisdiction of OSM and are not 
discussed below. Newly proposed changes to paragraph notations and 
other nonsubstantive wording changes which are intended solely to 
clarify the statutes are also not discussed below.

(1) Lands Eligible for Remining

    ORC section 1513.01 paragraph (F): Ohio is adding this paragraph to 
define the term ``lands eligible for remining'' to mean those lands 
that otherwise would be eligible for expenditure of AML reclamation 
funds under paragraph (C)(1) of ORC section 1513.37.
    ORC section 1513.07 paragraph (E)(3)(b): Ohio is adding this new 
paragraph to provide that, until October 1, 2004, any violation 
resulting from an unanticipated event or condition at a surface coal 
mining operation on lands eligible for remining shall not prevent 
issuance of a coal mining permit to the person holding the remining 
permit. An unanticipated event or condition is one that was not 
contemplated by the applicable permit.
    ORC section 1513.16 paragraph (A)(19)(b): Ohio is adding this new 
paragraph to provide that coal mining permits on lands eligible for 
remining shall require the operator to assume the responsibility for 
successful revegetation of the remined area for two full years after 
the last augmented seeding, fertilizing, or irrigation.
    ORC section 1513.37 paragraph (C)(3): Ohio is adding this new 
paragraph to provide that surface coal mining operations on lands 
eligible for remining shall not affect the eligibility of those lands 
for AML reclamation funding under this section of the ORC after the 
release of the mining operation's performance bond. If the performance 
bond for the remining operation is forfeited and is not sufficient for 
adequate reclamation of the site, Ohio may use AML reclamation funding 
under this section to augment the bond.

(2) Public Roadways
    ORC section 1513.01 paragraph (H)(2): Ohio is revising this 
paragraph to delete the existing exclusion of public roadways from the 
areas covered by the definitions of ``operation'' or ``coal mining 
operation.''

(3) Average Wage Rates

    ORC section 1513.02 paragraph (J): Ohio is revising this paragraph 
to provide that the State will use information from non-coal as well as 
coal mining and reclamation operations in calculating average wage 
rates. The newly calculated average wage rates shall apply to 
reclamation performed for Ohio on both coal and non-coal mining sites.

(4) Deletion of Obsolete Language

    ORC section 1513.07 paragraph (A)(1): Ohio is deleting additional 
obsolete language from this paragraph concerning interim continuance of 
underground coal mine operations which were in effect prior to 
September 1, 1981. [[Page 19196]] 

(5) Activities Eligible for the Small Operator's Assistance Program 
(SOAP)

    ORC section 1513.07 paragraph (B)(4) (a) and (b): Ohio is revising 
these paragraphs to expand the types of activities related to permit 
applications which qualified laboratories can perform for permit 
applicants under contracts funded by Ohio's SOAP. Qualifying activities 
include determination of probable hydrologic consequences, development 
of cross-section maps and plans, geologic drilling and reporting, 
collection and reporting of archaeological information, performing pre-
blast surveys, and collection of information on protection of fish and 
wildlife habitats. The coal mine operator shall reimburse the State for 
the costs of SOAP-assisted services if the operator's actual and 
attributed coal production for all locations exceeds 300,000 tons 
during the 12 months immediately following the date of issuance of the 
mining permit.

(6) Refund of Excess Permit Fees to Operators

    ORC 1513.10: In February 7, 1992, submission of PA 54, Ohio 
proposed to repeal this existing section which currently authorizes 
Ohio to refund excess permit fees to the operator for acreage permitted 
but not subsequently affected. In its March 31, 1995, cover letter of 
the final version of PA 54R, Ohio noted that it is withdrawing its 
proposal to repeal this section.
    ORC 1513.07 paragraph (B)(1): Ohio is deleting previously proposed 
language in this paragraph which would have provided that all excess 
permit fees collected by the State shall be deposited in the State 
Treasury to the credit of the Coal Mining Administration and 
Reclamation Reserve Fund created in ORC section 1513.181.

(7) Use of Reclamation Supplemental Forfeiture Fund for Non-Coal 
Reclamation

    ORC section 1513.18 paragraph (D): In the February 7, 1992, 
submission of PA 54, Ohio proposed to add this new paragraph (D) which, 
in part, would have allowed the Division to use funds from the 
Reclamation Supplemental Forfeiture Fund to reclaim areas which were 
affected by mining under non-coal surface mining permits issued under 
ORC Chapter 1514 but which the operator did not adequately reclaim. In 
its March 31, 1995, final version of PA 54R, Ohio is withdrawing this 
proposed language concerning non-coal reclamation from new paragraph 
(D).
    ORC 1514.06 paragraph (G): Ohio is proposing to revise this 
paragraph in lieu of the previously proposed revision discussed above 
which Ohio is withdrawing from ORC section 1513.18 paragraph (D). The 
revision to ORC section 1514.06 paragraph (G) would provide that Ohio 
may expend money from the Reclamation Supplemental Forfeiture Fund or 
from the Surface Mining Administration Fund to complete reclamation on 
land affected by non-coal surface mining operations on which an 
operator has defaulted.
    ORC section 1513.18 paragraph (D): Ohio is adding a statement in 
this paragraph concerning the State's priority for management of the 
Reclamation Supplemental Forfeiture Fund, including the selection of 
projects and the transfer of moneys. That priority shall be to ensure 
that sufficient moneys are available for reclamation of areas that an 
operator has affected under a coal mining and reclamation permit issued 
after September 1, 1981, and which the operator has failed to reclaim.
(8) Interfund Transfers

    ORC 1513.181 paragraph (B): In its September 2, 1992, submission of 
PA 54R, Ohio proposed to add this new paragraph to provide the State 
with additional flexibility to manage the funding of the Coal Mining 
Administration and Reclamation Reserve Fund and the Reclamation 
Supplemental Forfeiture Fund. If, at the close of the fiscal year, the 
former fund's balance is below one million dollars, the State could 
have transferred funds of up to $500,000 per fiscal year from the Coal 
Mining Administration and Reclamation Reserve Fund to the Reclamation 
Supplemental Forfeiture Fund. In its March 31, 1995, final version of 
PA 54R, Ohio is withdrawing this proposal language.

(9) Required Staff Training

    ORC section 1513.34: Ohio is revising this section to delete the 
requirements for minimum hourly amounts of initial and annual follow-up 
training for certain staff positions. In lieu of a minimum of 80 hours 
of training, Ohio shall provide adequate training and education, during 
their probationary periods, for all persons appointed as inspection 
officers. In lieu of a minimum of 40 hours of annual training, Ohio 
shall provide, on a regular basis as funding allows, continuing 
education and training as necessary for all inspection officers, 
district supervisors, and enforcement personnel.

III. Public Comment Procedures

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

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 4:00 p.m., 
e.d.t. on May 2, 1995. 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 
amendments 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. [[Page 19197]] 

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 10, 1995.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-9389 Filed 4-14-95; 8:45 am]
BILLING CODE 4310-05-M