[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Proposed Rules]
[Pages 54619-54620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26400]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-229; Amendment Number 66R]


Ohio Regulatory Program

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

action: Proposed rule; reopening of public comment period.

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summary: OSM is reopening the public comment period for a revised 
amendment to the Ohio regulatory program (hereinafter referred to as 
the Ohio program) under the Surface Mining Control and Reclamation Act 
of 1977. The amendment was initiated by Ohio and is intended to make 
the Ohio program as effective as the corresponding Federal regulations 
concerning the number and frequency of premining water quality samples 
required for previously mined permit areas.
    This document sets forth the times and locations that the Ohio 
program and the 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 amendments, 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 
November 9, 1995. If requested, a public hearing on the proposed 
amendments will be held at 1:00 p.m., E.D.T. on November 6, 1995. 
Requests to speak at the hearing must be received by 4:00 p.m., E.D.T. 
on November 1, 1995.

addresses: Written comments and requests to testify at the hearing 
should be mailed or hand-delivered to Mr. Daniel L. Schrum, 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 

[[Page 54620]]
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. Daniel L. Schrum, 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 amendment 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 66 (PA 66) by letter 
dated July 3, 1995 (Administrative Record No. OH-2143). In this 
amendment, Ohio proposed to revise one rule at Ohio Administrative Code 
(OAC) section 1501:13-4-15 to make the Ohio program as effective as the 
corresponding Federal regulations concerning the number and frequency 
of premining water quality samples required for previously mined permit 
areas. Also as part of PA 66, Ohio proposed to revise two of its 
Policy/Procedure Directives (PPD's) to reflect the rule changes 
described above. Ohio proposed to revise PPD Regulatory 93-4 to clarify 
that pollution abatement areas can include contiguous undisturbed areas 
which must be affected to improve the baseline pollutional load, to 
clarify the definition of ``no longer exceeding,'' and to change the 
name of Ohio's Remining Program contact person.
    OSM announced receipt of PA 66 in the July 25, 1995, Federal 
Register (60 FR 37972), 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 
August 24, 1995.
    On September 8, 1995, OSM notified Ohio of its comments about PA 66 
(Administrative Record No. OH-2156). OSM and Ohio staff met on 
September 19, 1995, to discuss those comments. In response to OSM's 
comments, Ohio submitted Revised Program Amendment Number 66 (PA 66R) 
by letter dated September 27, 1995 (Administrative Record No. OH-2157). 
In PA 66R, Ohio is proposing two changes to PPD Regulatory 93-4. Ohio 
is deleting the earlier proposed provision in the PPD which would have 
allowed the inclusion of ``contiguous undisturbed areas'' within 
pollution abatement areas. Ohio is also revising the PPD to provide 
that, as part of the demonstration that the untreated pre-existing 
discharges from the pollution abatement area have not exceeded the 
modified effluent limitations for the required 12 months, the operator 
must notify the Division's district office in writing at the beginning 
of the 12-month period prior to the Phase II bond release.

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 4:00 p.m., 
E.D.T. on November 1, 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 
amendment may request a meeting at the Columbus Field Office by 
contacting the person listed under FOR FURTHER INFORMAITON 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.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 12, 1995.
Joseph F. Rogozinski,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 95-26400 Filed 10-24-95; 8:45 am]
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