[Federal Register Volume 61, Number 203 (Friday, October 18, 1996)]
[Proposed Rules]
[Pages 54375-54377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26775]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 935

[OH-239-FOR, #73]


Ohio Regulatory Program

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

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: OSM is reopening the public comment period on a proposed 
amendment to the Ohio permanent 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.] 
November 4, 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

[[Page 54376]]

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 amendments at its own initiative. 
The proposed amendments were announced in the August 26, 1996, Federal 
Register (61 FR 43696). However, certain amendments concerning the 
permit application requirements and revegetation time frames were 
inadvertently omitted from that notice. Also, Ohio submitted 
corrections to its proposed amendments by letter dated October 4, 1996, 
(Administrative Record No. OH-2168-07). Therefore, OSM is reopening the 
public comment period only on the following proposed amendments:

1. OAC 1501:13-4-12  Requirements for Permits for Special Categories of 
Mining

    New paragraph (L) is corrected by changing the date until which its 
requirements apply to September 30, 2004. The date was previously 
incorrectly identified as September 30, 1994.

2. OAC 1501:13-5-01  Review, Public Participation, and Approval or 
Disapproval of Permit Applications and Permit Terms and Conditions

    New paragraph (E)(19) and subparagraphs (A), (B), and (C), are 
added to require that, for operations which will include remining areas 
under Rule 1501:13-4-12(L) of the Administrative Code, the application 
includes (A) Lands eligible for remining; (B) an identification of the 
potential environmental and safety problems related to prior mining 
activity which could reasonably be anticipated to occur at the site; 
and (C) mitigation plans to sufficiently address these potential 
environmental and safety problems so that reclamation as required by 
the applicable requirements of Chapter 1513 of the Revised Code can be 
accomplished. Additionally, a semicolon and the word ``and'' are added 
at the end of paragraph (E)(18).

3. OAC 1501:13-9-15  Revegetation

    (a) Paragraphs and subparagraphs (F)(3), (F)(3)(a), (G)(3)(a), 
(I)(6), (J)(1)(b), and (L)(2) are amended by deleting the words ``five 
year'' before the word ``period'' in each. These changes reflect the 
revised period of extended responsibility included in the proposed 
addition of new subparagraph (F)(2)(a).
    (b) Subparagraph (F)(4)(d) is amended by deleting the words ``five 
years after the initial planting'' and substituting the words ``at the 
end of the period of extended responsibility''.
    (c) Subparagraph (H)(2) is amended by deleting the words ``five 
year'' before the word ``period'' and adding the words ``and hay crops 
also meet, at a minimum, the ground cover standards of paragraph 
(G)(3)(B) during the last year of the period of extended 
responsibility.''
    (d) Paragraph (L) is amended by deleting the words ``undeveloped 
land''; subparagraph (L)(2) is amended by deleting the words ``five 
year'' before the word ``period''; and subparagraphs (L)(2) (a), (b) 
and (c) continue to include references to three year requirements. Ohio 
is withdrawing its proposal to change these requirements to two years.
    (e) Paragraph (M) is amended by separating the first sentence into 
two items with the second item being labeled as (1) and re-numbering 
the subsequent items accordingly. No word changes were made to these 
items. Subparagraph (M)(4) is amended by deleting the words ``five 
year'' before the word ``period''.
    (f) New paragraph (O) is amended by adding the following exception 
to the Phase III bond release requirements of referenced paragraph 
(L)(2) on remined areas to subparagraph (4)(B) ``except that of the 
minimum countable trees per acre, eighty (80) percent have been in 
place for at least two (2) years, on each acre on which trees or shrubs 
are to be planted.''

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. Specifically, 
OSM is seeking comments on the revision to the State's regulations that 
was submitted on July 23, 1996 (Administrative Record No. OH-2168-00), 
with the corrections and additions as noted above. Comments should 
address 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.

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.).

[[Page 54377]]

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 on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 10, 1996.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-26775 Filed 10-17-96; 8:45 am]
BILLING CODE 4310-05-M