[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7411-7413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4429]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-229-FOR #66]
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 approving 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). Ohio
proposed revisions to rules and directives pertaining to premining
water quality samples for previously mined permit sites. The amendment
is intended to make the Ohio program as effective as the corresponding
Federal regulations.
EFFECTIVE DATE: February 28, 1996.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Program Manager, OSM, Appalachian Regional Coordinating
Center, 10 Parkway Center, Pittsburgh, PA 15220, Telephone: (412) 937-
2849.
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program.
II. Submission 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. 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 conditions of
approval and program amendments can be found at 30 CFR 935.11, 935.12,
935.15, and 935.16.
II. Submission of the Proposed Amendment
By letter dated July 3, 1995 (Administrative Record No. OH-2143),
Ohio submitted a proposed amendment to its program pursuant to SMCRA at
its own initiative. Ohio proposed to revise one rule at Ohio
Administrative Code (OAC) section 1501:13-4-15 concerning the number
and frequency of premining water samples required for previously mined
permit areas. Ohio also proposed to revise two of its Policy/Procedures
Directives (PPD)--PPD Permitting 92-3 and PPD Regulatory 93-4, to
reflect the rule change.
OSM announced receipt of the proposed amendment 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.
During its review of the amendment, OSM identified concerns
relating to pollution abatement areas. OSM notified Ohio of these
concerns by letter dated September 8, 1995 (Administrative Record No.
OH-2156).
By letter dated September 27, 1995 (Administrative Record No. OH-
2157), Ohio responded to OSM's concerns by submitting revisions to its
proposed program amendment. Ohio proposed two additional revisions to
PPD Regulatory 93-4. The first revision deletes the earlier proposed
provision which would have allowed the inclusion of ``contiguous
undisturbed areas'' within pollution abatement areas. The second
revision requires that the operator make an additional written
notification pertaining to the demonstration of untreated pre-existing
discharges.
Based on the revisions to the proposed program amendment submitted
by Ohio, OSM reopened the public comment period in the October 25,
1995, Federal Register (60 FR 54619) and provided an opportunity for a
public hearing on the adequacy of the amendment. The public comment
period closed on November 9, 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.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-references and paragraph notations to
reflect organizational changes resulting from this amendment.
15 OAC 1501:13-4-15(D)(2)--Authorization to Conduct Coal Mining on
Previously Mined Areas. Ohio is proposing to amend its regulations
pertaining to water quality to require that a permit applicant submit
data from a minimum of 12 samples taken at regular intervals at each
sampling location and collected over a period of at least 12 months or
longer, as determined by the regulatory authority. The Federal
regulations at 30 CFR 780.21(b) establish baseline hydrologic
[[Page 7412]]
information requirements. The regulatory authority may require
additional information as warranted. The Director finds that the
proposed revision at 15 OAC 1501.13-4-15(d)(2) is not inconsistent with
the Federal regulations at 30 CFR 780.21(b).
Policy/Procedure Directive (PPD) 93-4. Ohio is proposing to revise
the bond release provisions of PPD 93-4 to clarify 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. The name of Ohio's Remining
Program's contact person is changed to Bob Baker. The Federal
regulations at 30 CFR 800.40(c) authorize the regulatory authority to
release all or part of a bond if the regulatory authority is satisfied
that certain conditions have been met. The Director finds that the
proposed revisions to PPD 93-4 are no less effective than the Federal
regulations at 30 CFR 800.40(c).
Policy/Procedure Directive (PPD) 92-3. Ohio is proposing to revise
the sampling procedures for pre-existing discharge sites. The permit
applicant is required to submit a minimum of 12 samples for each pre-
existing discharge site to be collected over a period of at least 12
months and the samples must be collected over a period of 12 months or
longer. Sites are to be sampled no more frequently than once a month.
There is no statutory provision for a variance of the sampling
requirements.
The Federal regulations at 30 CFR 780.21(b) establish baseline
hydrologic information requirements. The regulatory authority may
require additional information as warranted. The Director finds that
the proposed revisions to PPD 92-3 are not inconsistent with the
Federal regulations at 30 CFR 780.21(b).
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments on July 25, 1995, and
October 25, 1995, and provided an opportunity for public hearings on
the proposed amendment. No public comments were received, and because
no one requested an opportunity to speak at a public hearing, no
hearings were held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Ohio program. The U.S.
Department of Labor, Mine Safety and Health Administration, concurred
without comment.
Environmental Protection Agency (EPA)
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. OH-2144). It did
not respond to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Ohio on July 3, 1995, and as revised on
September 27, 1995.
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
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. 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: February 16, 1996.
Allen D. Klein,
Assistant 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 paragraph (aaaa) to read as
follows:
Sec. 935.15 Approval of regulatory program amendments.
* * * * *
(aaaa) The amendments to the following rules and directives, as
submitted to OSM on July 3, 1995, and
[[Page 7413]]
revised on September 27, 1995, are approved effective February 28,
1996:
15 OAC 1501:13-4-15(D)(2)--Authorization to Conduct Coal Mining on
Previously Mined Areas
Policy/Procedure Directive 93-4--Remining Enforcement Procedure
Policy/Procedure Directive 92-3--Remining Process
[FR Doc. 96-4429 Filed 2-27-96; 8:45 am]
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