[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Rules and Regulations]
[Pages 14308-14311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7536]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 935

[OH-236-FOR]


Ohio Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving, with certain exceptions, a proposed 
amendment to the Ohio abandoned mine land reclamation plan (hereinafter 
referred to as the ``Ohio plan'') under the Surface mining Control and 
Reclamation Act of 1977 (SMCRA). Ohio proposed revisions and additions 
to its plan pertaining to 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.

EFFECTIVE DATE: March 26, 1997.

FOR FURTHER INFORMATION CONTACT:
George Rieger, Field Branch Chief, Appalachian Regional Coordinating 
Center, OSM, 3 Parkway Center, Pittsburgh, PA 15220, Telephone: (412) 
937-2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Plan
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 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 approval of 
the plan can be found in the April 15, 1994, Federal Register (59 FR 
17930). Subsequent actions concerning the conditions of approval and 
amendments to the plan can be found at 30 CFR 935.25.

II. Submission of the Proposed Amendment

    By letter dated March 19, 1996, (Administrative Record No. OH-2163) 
Ohio submitted a proposed amendment to its plan pursuant to SMCRA at 
its

[[Page 14309]]

own initiative. Ohio proposed to amend the following subsections of 
Section 4--Abandoned Mined Land Evaluation Program: 4.1--Introduction, 
4.5--Annual Work Plan, and 4.5.3--Project Selection.
    OSM announced receipt of the proposed amendment in the April 17, 
1996, Federal Register (61 FR 16731), 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 May 17, 1996.
    During its review of the proposed amendment, OSM identified 
concerns relating to the use of abandoned mine land funds for the 
reclamation of previously mined areas by an active coal mine operator. 
OSM notified Ohio of these concerns by letter dated November 13,1 996 
(Administrative Record No. OH-2163-11).
    By letter dated December 6, 1996 (Administrative Record No. OH-
2163-12), Ohio responded to OSM's concerns by submitting additional 
explanatory information and revisions to its proposed program 
amendment. Ohio revised the language on page 4-2 to read ``encourage 
reclamation in conjunction with active mining of abandoned areas 
causing acid mine drainage (AMD) within approved hydrologic units and 
in other areas causing a MD through the funding of AMD remediation 
projects and studies necessary to develop pollution abatement plans.'' 
At page 4-17, Ohio clarified that AMD funds are being used to collect 
and analyze data necessary to qualify watersheds as hydrologic units. 
At page 4-19, Ohio revised 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 land funds may 
be used to fund reclamation of abandoned mine lands causing AMD under 
certain conditions.
    By letter dated December 20, 1996 (Administrative Record No. OH-
2163-13), Ohio submitted additional revisions. At page 4-2, Ohio 
deleted as one of its goals the reclamation in conjunction with active 
mining of abandoned areas causing AMD within approved hydrologic areas 
and other areas. At page 4-19, Ohio deleted the language identified as 
Stage 5 of the project selection process. The deletions are based on 
Ohio's understanding that such language is not necessary to fulfill its 
goals and objectives regarding the use of 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.
    Based on the additional explanatory information and revisions to 
the proposed program amendment submitted by Ohio, OSM reopened the 
public comment period in the January 23, 1997 Federal Register (62 FR 
3491). The public comment period closed on February 7, 1997.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 884.14 and 884.15, 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.

Abandoned Mined Land Evaluation Program

1. Section 4.1.G--Introduction
    Ohio proposed to add subsection G to provide for the reclamation of 
areas causing acid-mine drainage (AMD) such that AMD problems are 
eliminated as a component of a high priority reclamation project; such 
that AMD areas causing a ``general welfare'' impact to the public will 
be eligible for abatement; and such that AMD areas impacting watersheds 
will be abated in accordance with AMD set-aside criteria contained in 
the Ohio Code (ORC) at section 1513.37(E).
    The Director finds that the provisions of subsection G are not 
inconsistent with section 402(g)(6)(B) and 402(g)(7) of SMCRA which 
provide for the creation of an AMD abatement and treatment fund and 
from which amounts are expended by the State to implement acid mine 
drainage abatement and treatment plans.
2. Section 4.5--Annual Work Plan
    Ohio proposed to delete the requirement that research and 
demonstration projects be submitted to OSM independent of work plan 
submissions using specific OSM procedures. In its submission letter 
dated March 19, 1996, Ohio stated projects of this type would be 
incorporated into the AMD program.
    The Director finds that the proposed deletion does not render the 
Ohio program less effective than the Federal regulations so long as 
application for proposed implementation of research and demonstration 
projects is made to OSM prior to using funds for such projects.
3. Section 4.5.3--Project Selection
    Ohio proposed to revise the project selection process to include 
AMD projects under certain conditions such as AMD set-aside, AMD 
associated with other high priority projects, and AMD associated with 
general welfare. Projects will be evaluated and approved based on an 
AMD abatement and treatment plan. The plan will provide for the 
comprehensive abatement of the causes and treatment of the effects of 
AMD within qualified hydrologic units affected by coal mining 
practices. The plan will identify the qualified hydrologic unit and the 
sources and effect of AMD within the unit. It will also identify 
projects and treatment and abatement measures, as well as cost and 
sources of funding. An analysis of the cost-effectiveness and 
environmental benefits of the treatment and abatement measures is also 
required. Ohio defined ``qualified hydrologic unit'' as a unit in which 
the water quality has been significantly affected by AMD from coal 
mining practices in a manner which adversely impacts biological 
resources and which contains lands and waters that meet certain, 
specified eligibility requirements.
    Ohio proposed to fund AMD projects associated with ``general 
welfare'' according to specified guidelines. Ohio defined ``general 
welfare'' (as used in establishing the priority of AMD projects) as 
meaning an adverse impact, including an economic impact, on either a 
residential area, or community resulting from the mine drainage 
problem.
    The Director finds that the project selection process as specified 
in section 4.5.3, State 4, is consistent with the plan content 
requirements at 30 CFR 876.13 (a)-(g) and the eligibility requirements 
found at 30 CFR 874.12. Further, the definition of ``qualified 
hydrologic unit'' is substantively identical to the Federal definition 
found at 30 CFR 870.5.

Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. Because no one 
requested an opportunity to speak at a public hearing, no hearing was 
held. Two public comments were received. One commenter stated that 
ongoing coordination with the Ohio Historical Society is necessary to 
address preservation concerns. The Director notes that all abandoned 
mine land projects, including those negotiated with adjacent mine 
operators, are reviewed by the State Historic

[[Page 14310]]

Protection Officer (SHPO). Further, a statement of concurrence that no 
significant cultural or historic properties will be adversely affected, 
signed by the SHPO, is included with the National Environmental Policy 
Act documents submitted prior to construction.
    Another commenter had two concerns: (1) That the proposed revisions 
were unclear as whether Ohio's intention was to elevate the priority of 
AMD problems or to eliminate AMD problems as a component of high 
priority reclamation, and (2) that the issue of who assumes liability 
for remining operations is unclear. With respect to the first issue, 
the Director notes that the intent of the ``general welfare'' provision 
is to allow the use of Federal AML funds for AMD abatement projects 
that are not necessarily part of an approved hydrologic unit under the 
AMD set-aside program. This is accomplished by elevating the priority 
when the general welfare requirements are met. With respect to the 
second issue, The Director notes that the remining provisions were 
deleted in Ohio's December 20, 1996, revisions to the original 
amendment.

Federal Agency Comments

    Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited 
comments on the proposed amendment from various other Federal agencies 
with an actual or potential interest in the Ohio plan. The U.S. 
Department of the Army, Army Corps of Engineers, and the U.S. 
Department of Labor, Mine Safety and Health Administration, concurred 
without comment.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), the Director solicited the 
written concurrence of the Administrator of the EPA with respect to 
those proposed plan amendment which relate to air or water quality 
standards promulgated under the authority of the Clean Air Act (42 
U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1252 et seq.).
    None of the revisions Ohio proposed to make in its amendment 
pertains to air or water quality standards. Nevertheless, OSM requested 
EPA's concurrence with the proposed amendment. EPA did not respond.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
plan amendment as submitted by Ohio on March 19, 1996, and revised on 
December 6, 1996, and December 20, 1996.
    The Federal regulations at 30 CFR Part 935, codifying decisions 
concerning the Ohio plan, are being amended to implement this decision. 
This final rule is being made effective immediately to expedite the 
State plan amendment process and to encourage States to bring their 
plans 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 proposed 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 and Tribal abandoned mine land reclamation plans and revisions 
thereof since each such plan is drafted and promulgated by a specific 
State or Tribal, not by OSM. Decisions on proposed abandoned mine land 
reclamation plans and revisions thereof submitted by a State or Tribe 
are based on a determination of whether the submittal meets the 
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR 
Parts 884 and 888.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State and Tribal abandoned mine land 
reclamation plans and revisions thereof are categorically excluded from 
compliance with the National Environmental Policy Act (42 U.S.C. 4332) 
by the Manual of the Department of the Interior (516 DM 6, appendix 8, 
paragraph 8.4B(29)).

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 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. In making the 
determination as to whether this rule would have a significant economic 
impact, the Department relied upon the data and assumptions in the 
analyses for the corresponding 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: March 5, 1997.
Allen D. Klein,
Regional 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 935.25 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec. 935.25  Approval of Ohio abandoned mine land reclamation plan 
amendments.

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[[Page 14311]]



------------------------------------------------------------------------
 Original amendment submission    Date of final                         
             date                  publication      Citation/Description
------------------------------------------------------------------------
                                                                        
      *         *         *         *         *         *         *     
March 19, 1996................  March 26, 1997...  Revisions to the Ohio
                                                    Abandoned Mine Land 
                                                    Reclamation Plan to 
                                                    provide for the     
                                                    reclamation of areas
                                                    causing acid mine   
                                                    drainage AMD and to 
                                                    revise the project  
                                                    selection process.  
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[FR Doc. 97-7536 Filed 3-25-97; 8:45 am]
BILLING CODE 4310-05-M