[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Rules and Regulations]
[Pages 37938-37940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18221]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-235; Amendment Number 70R]


Ohio Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is announcing the approval 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 

[[Page 37939]]
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.

EFFECTIVE DATE: July 25, 1995.

FOR FURTHER INFORMATION CONTACT:
Ms. Beverly C. Brock, Acting Director, Columbus Field Office, Office of 
Surface Mining Reclamation and Enforcement, 4480 Refugee Road, Suite 
201, Columbus, Ohio 43232; Telephone: (614) 866-0578.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program.
II. Discussion of the Proposed Amendment.
III. Director's Findings.
IV. Summary and Disposition of Comments.
V. Director's Decision.
VI. Procedural Determinations.

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, 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, 935.15, and 
935.16.

II. Discussion of the Proposed Amendment

    The Ohio Department of Natural Resources, Division of Reclamation 
(Ohio) submitted proposed Program Amendment Number 70 by letter dated 
March 28, 1995 (Administrative Record No. OH-2104). In this amendment, 
Ohio proposed 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.
    OSM announced receipt of PA 70 in the April 11, 1995, Federal 
Register (60 FR 18380), and, in the same document, opened the public 
comment period and provided an opportunity for a public hearing on the 
adequacy of the proposed amendment. The public comment period closed on 
May 11, 1995.
    On May 11, 1995, OSM notified Ohio of its one comment about PA 70 
(Administrative Record No. OH-2128). In response to that OSM comment, 
Ohio submitted Revised Program Amendment Number 70 (PA 70R) by letter 
dated May 31, 1995 (Administrative Record No. OH-2127). In PA 70R, Ohio 
proposed one further revision to OAC section 1501:13-14-01 paragraph 
(A)(3)(c)(ii).
    OSM announced receipt of PA 70R in the June 16, 1995, Federal 
Register (60 FR 31661), and in the same document, opened the public 
comment period and provided an opportunity for a public hearing on the 
adequacy of the proposed amendment. The public comment period closed on 
July 3, 1995.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment to the Ohio program. Only substantive changes to 
Ohio's rules are discussed below. Rule revisions which are not 
discussed below concern editorial changes intended to improve the 
clarity and readability of the rules.

A. Revisions to Ohio's Regulations That Are Substantively Identical to 
the Corresponding Provisions of the Federal Regulations

------------------------------------------------------------------------
                                                             Federal    
   State regulations (OAC              Subject           regulations (30
   section 1501:13-14-01)                                 CFR Part 840) 
------------------------------------------------------------------------
(A)(3).....................  Definition of ``Abandoned   840.11(g)      
                              Coal Mining and                           
                              Reclamation Operation''.                  
(E)........................  Alternative inspection      840.11(h)      
                              frequency at abandoned                    
                              sites.                                    
------------------------------------------------------------------------

    Because the above proposed revisions are identical in meaning to 
the corresponding Federal regulations, the Director finds that these 
proposed rules are no less effective than the Federal rules.

B. Revisions to the Ohio's Regulations With No Corresponding Federal 
Provisions

1. OAC Section 1501:13-14-01 Paragraph (A)(4)
    Ohio is revising its definition of ``active coal mining and 
reclamation operation'' to mean an operation other than an inactive or 
abandoned coal mining reclamation operation. Although there is no 
corresponding Federal definition of this term, the Director finds that 
Ohio's definition is not inconsistent with the Federal regulations at 
30 CFR 840.11 or with the revisions which Ohio is making elsewhere in 
this rule.

IV. Summary and Disposition of Comments
Public Comments

    On April 11 and June 16, 1995, the Director solicited public 
comments and provided an opportunity for a public hearing on the 
proposed amendment. No public comments were received. No public 
hearings were held as no one requested the opportunity to provide 
testimony.

Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from the Regional Director of the 
U.S. Environmental Protection Agency (EPA) and from the heads of four 
other Federal agencies and one State agency with an actual or potential 
interest in the Ohio program.
    The EPA commented that abandoned sites can result in acid or other 
polluted mine drainage which may vary in severity over the seasons. EPA 
stated that it is important that Ohio consider this seasonal variation 
and other variable factors when determining the necessary inspection 
frequency. One inspection per year may be reasonable for non-polluting 
abandoned sites. However, Ohio should inspect polluting abandoned sites 
more frequently than one per year to assess changes in severity and the 
priority of the site for environmental cleanup. Polluting abandoned 
sites with forfeited reclamation bond should be reclaimed as soon as 
possible. If forfeited bonds are not sufficient to cover reclamation 
costs, Ohio should pursue the responsible party for available 
resources.
    The Director concurs with EPA's comments and OSM and Ohio staff 
have discussed these comments. Ohio will consider actual existing 
pollutants, seasonal variation, and potential generation of pollutants 
in evaluating and establishing any modified inspection frequency at 
abandoned sites. Ohio will give priority to reclaiming polluting 
forfeited sites and will seek recovery of any additional funds 
necessary within its statutory authority.
    Nonsubstantive comments were also received from the Mine Safety and 
Health Administration. No other agency comments were received.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Ohio on March 28, 1995, and revised on May 
31, 1995.

[[Page 37940]]

    The Federal regulations at 30 CFR part 935 codifying decisions 
concerning the Ohio program are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
conform their programs with the Federal standards without undue delay. 
Consistency of State and Federal standards is required by SMCRA.

Effect of Director's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of 
an approved State program be submitted to OSM for review as a program 
amendment. Thus, any changes to a State program are not enforceable 
until approved by OSM. The Federal regulations at 30 CFR 732.17(g) 
prohibit any unilateral changes to approved programs. In the oversight 
of the Ohio program, the Director will recognize only the approved 
program, together with any consistent implementing policies, 
directives, and other materials, and will require the enforcement by 
Ohio of such provisions.

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 
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: July 17, 1995.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal regulations is amended as set forth 
below:

PART 935--OHIO

    1. The authority citation for Part 935 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 935.15 is amended by adding new paragraph (yyy) to read 
as follows:


Sec. 935.15  Approval of regulatory program amendments.

* * * * *
    (yyy) The following amendment (Program Amendment 70R) pertaining to 
the Ohio regulatory program, as submitted to OSM on March 28, 1995, and 
revised on May 31, 1995, is approved, effective July 25, 1995: 
Inspection frequency at abandoned sites, at OAC rule 1501:13-14-01.

[FR Doc. 95-18221 Filed 7-24-95; 8:45 am]
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