[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Proposed Rules]
[Pages 3491-3492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1600]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 62, No. 15 / Thursday, January 23, 1997 / 
Proposed Rules  

[[Page 3491]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-236-FOR]


Ohio Abandoned Mine Land Reclamation Plan

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 on a proposed 
amendment to the Ohio abandoned mine land reclamation plan (hereinafter 
the ``Ohio plan'') under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. The proposed 
amendment which was published April 17, 1996 (61 FR 16731) consists of 
changes to provisions of the Ohio plan pertaining to the acid mine 
drainage set-aside program, water quality improvement, project 
eligibility, and remining incentives. The amendment is intended to 
revise the Ohio plan to be consistent with SMCRA, as amended.

DATES: Written comments must be received by 4:00 p.m., [e.s.t.], 
February 7, 1997.

ADDRESSES: Written comments should be mailed or hand delivered to 
George Rieger, Field Branch Chief, at the address listed below.

    Copies of the Ohio plan, the proposed amendment, and all written 
comments received in response to this document will be available for 
public review at the address 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 43224, 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 Plan

    On August 10, 1982, the Secretary of the Interior approved the Ohio 
plan. Background information on the Ohio plan, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval can be found in the April 15, 1994, Federal Register (59 FR 
17930). Subsequent actions concerning the conditions of approval and 
program amendments can be found at 30 CFR 935.25.

II. Description of the Proposed Amendment

    By letter dated March 19, 1996, (Administrative Record No. OH-2163) 
Ohio submitted a proposed amendment to its program pursuant to SMCRA at 
its own initiative. The provisions of the Ohio plan that it proposes to 
amend are: Acid mine drainage set-aside program, water quality 
improvement, project eligibility, and remining incentives. The proposed 
amendment was announced in the April 17, 1996, Federal Register (61 FR 
16731).
    By letter dated December 6, 1996 (Administrative Record No. OH-
2163-12), Ohio submitted revisions to the original amendment. At page 
4-2, the following language is inserted, ``to encourage reclamation in 
conjunction with active mining of abandoned areas causing acid mine 
drainage (AMD) within approved hydrologic units and in other areas 
causing AMD within approved hydrologic units and in other areas through 
the funding of AMD remediation projects and studies necessary to 
develop pollution plans.'' At page 4-17, Ohio clarifies that AMDAT 
funds are being used to collect and analyze data necessary to qualify 
watersheds as hydrologic units. At page 4-19, Ohio is revising Stage 5 
of the project selection process to provide for the reclamation of 
abandoned mine areas causing AMD in conjunction with active mining. 
Federal abandoned mine lands funds may be used to fund reclamation of 
abandoned mine lands causing AMD under certain conditions.
    By letter dated December 20, 1997 (Administrative Record No. OH-
2163-13), Ohio submitted an additional revision. At page 4-19, Ohio 
proposes to delete the language identified as Stage 5 of the project 
selection process. The deletion is based on Ohio's understanding that 
such language is not necessary to fulfill its goals and objectives 
regarding the use of the acid mine drainage set-aside funds for the 
restoration of watersheds impacted by acid mine drainage from abandoned 
coal mines. Sufficient flexibility exists within its program to manage 
the funds in a manner that will achieve its objectives.

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 revisions to the State's Plan that were 
submitted on March 19, 1996, and revised on December 6 and 20, 1996. 
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 Plan.

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).

[[Page 3492]]

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 and Tribal abandoned mine land reclamation plans and revisions 
since each plan is drafted and promulgated by a specific State or 
Tribe, not by OSM. Decisions on proposed abandoned mine land 
reclamation plans submitted by a State or Tribe must be based solely on 
a determination of whether the submittal is consistent with Title IV of 
SMCRA (30 U.S.C. 1231-1243) and whether the other requirements of 30 
CFR Parts 884 and 888 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. 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: January 15, 1997.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-1600 Filed 1-22-97; 8:45 am]
BILLING CODE 4310-05-M