[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Proposed Rules]
[Pages 43696-43698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21677]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-239-FOR, #73]


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 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 proposed amendment consists of revisions to sections of the Ohio 
Administrative Code (OAC) dealing with surface mining operations on 
remining areas. The amendment is intended to revise the Ohio program to 
be consistent with the Federal regulations as amended on November 27, 
1995 (60 FR 58480).

DATES: Written comments must be received by 4:00 p.m., [E.D.T.] 
September 25, 1996. If requested, a public hearing on the proposed 
amendment will be held on September 20, 1996. Requests to speak at the 
hearing must be received by 4:00 p.m., [E.D.T.], on September 10, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to George Rieger, Field Branch Chief, at 
the address listed below.
    Copies of the Ohio program, the proposed amendment, a listing of 
any scheduled public hearings, 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 Appalachian Regional 
Coordinating Center.

George Rieger, Field Branch Chief, Appalachian Regional Coordinating 
Center, Office of Surface Mining Reclamation and Enforcement, 3 Parkway 
Center, Pittsburgh, PA 15220, Telephone: (412) 937-2153
Ohio Division of Mines and Reclamation, 1855 Fountain Square Court, 
Columbus, Ohio 43244, Telephone: (614) 265-1076.

FOR FURTHER INFORMATION CONTACT:
George Rieger, Field Branch Chief, Appalachian Regional Coordinating 
Center, Telephone: (412) 937-2153.

SUPPLEMENTARY INFORMATION:

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, 935.15, 
and 935.16.

II. Description of the Proposed Amendment

    By letter dated July 23, 1996, (Administrative Record No. OH-2168-
00) Ohio submitted proposed amendments to the Ohio program concerning 
remining. Ohio submitted the proposed amendment at its own initiative. 
The provisions of the Ohio Administrative Code that Ohio proposes to 
amend are:
    1. OAC 1501:13-1-02 Definitions.
    (a) New paragraph (OOO) ``Lands eligible for remining'' has been 
added to mean those lands that would otherwise be eligible for 
expenditures under section 1513.37 of the Revised Code.
    (b) New paragraph (JJJJJJ) ``Unanticipated event or conditions'' 
has been added to mean (as used in Rule 13-5-01 of the Administrative 
Code) an event or condition related to prior mining activity which 
arises from a surface coal mining and reclamation operation on lands 
eligible for remining and was not contemplated in the applicable 
permit.
    (c) Definitions of ``abatement plan'', ``base line pollution 
load'', ``best available technology economically achievable'', 
``pollution abatement area'', ``pre-existing discharge'', and 
``remining NPDES permit'' are relocated here from OAC 1501:13-4-15, and 
all paragraphs are relettered accordingly.
    2. OAC 1501:13-4-08 Hydrologic map and cross-sections.
    New paragraph (A)(15) has been added to include any land determined 
to be eligible for remining.
    3. OAC 1501:13-4-10 Uniform color code and map symbols. New 
paragraph (A)(6) has been added to include any area determined to be 
eligible for remining shall have its perimeter designated with a dashed 
black line and the areas therein clearly labeled ``Remine''.
    4. OAC 1501:13-4-12 Requirements for permits for special categories 
of mining.
    (a) New paragraph (L) has been added to include the requirement 
that any person who submits a permit application to conduct a surface 
coal mining operation on lands eligible for remining must comply with 
Revised Code Section 1513.37. The requirements of paragraph (L) shall 
apply until September 30, 1994, or any later date authorized by federal 
law. The permit application must include: (1) A description of the 
proposed lands eligible for remining and a demonstration, to the 
satisfaction of the Chief, how such lands meet the eligibility 
requirements specified by Revised Code Section 1513.37; (2) 
Identification, to the extent not otherwise addressed in the permit 
application, of any potential environmental and safety problems related 
to the prior mining activity at the site which could be reasonably 
expected to occur. This identification shall be based on a due 
diligence investigation which shall include visual observations at the 
site, a record of past mining at the site, and environmental sampling 
tailored to current site conditions; and (3) A description, with regard 
to potential environmental and safety problems identified in paragraph 
(2), of the mitigative measures that will be taken to ensure that the 
applicable reclamation requirements of Revised Code Chapter 1513 and 
these rules can be met.
    5. OAC 1501:13-4-15.
    (a) The title of this section is changed from ``Authorization to 
conduct coal mining on previously mined areas'' to ``Authorization to 
conduct coal mining on pollution abatement areas''.

[[Page 43697]]

    (b) Definitions of ``abatement plan'', ``base line pollution 
load'', ``best available technology economically achievable'', 
``pollution abatement area'', ``pre-existing discharge'', and 
``remining NPDES permit'' are relocated to OAC 15011.3:-1-02, and 
remaining paragraphs are relettered accordingly.
    6. OAC 1501:13-5-01 Review, public participation, and approval or 
disapproval of permit applications and permit terms and conditions.
    (a) New paragraph (D)(7) has been added to provide that subsequent 
to the effective date of this rule, the prohibitions of paragraph 
(D)(3) of this section regarding the issuance of a new permit, shall 
not apply to any violation that occurs after that date; is unabated; 
and results from an unanticipated event or condition that arises from a 
surface coal mining and reclamation operation on lands that are 
eligible for remining under a permit issued pursuant to OAC 1501:13-4-
12(L) and held by the person making application for the new permit.
    (b) New paragraph (D)(7)(D) provides that for permits issued under 
OAC 1501:13-4-12(L), an event or condition shall be presumed to be 
unanticipated for the purposes of this paragraph if it: arose after 
permit issuance; was related to prior mining; and was not identified in 
the permit.
    7. OAC 1501:13-9-15 Revegetation.
    (a) Paragraph (F)(2) is revised, and subparagraph(F)(2)(A) is 
added, to provide that the required period of extended responsibility 
on lands eligible for remining shall be not less than two full years 
for permits issued pursuant to the requirements of OAC 1501:13-4-12 and 
renewals thereof.
    (b) New paragraph (O) with subparagraphs (1) through (6) are added 
to include revegetation standards for areas eligible for remining in 
each land use category and to establish cover standards for hay crops 
on cropland areas.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments 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 Appalachian Regional 
Coordinating Center 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 September 10, 1996. The location and time of the hearing 
will be arranged with those persons requesting the hearing. If no one 
requests an opportunity to speak at the 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 speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak 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 speak 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 by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each 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 12988

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12988 (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 
counterpart 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 counterpart Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year

[[Page 43698]]

on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 14, 1996.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-21677 Filed 8-23-96; 8:45 am]
BILLING CODE 4310-05-M