[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Proposed Rules]
[Pages 23405-23407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11281]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-218-FOR; Amendment Number 61R]


Ohio Regulatory Program

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

ACTION: Proposed rule; reopening of public comment period.

-----------------------------------------------------------------------

SUMMARY: OSM is reopening the public comment period on 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). This amendment provides that areas reclaimed 
following the removal of temporary structures that are part of the 
sediment control system, such as sedimentation ponds, roads, and small 
diversions, are not subject to a revegetation responsibility period and 
bond liability period separate from that of the permit area or 
increment thereof served by such facilities. The amendment also 
authorizes as a husbandry practice that not restart the revegetation 
responsibility period, the repair of damage to land and/or established 
permanent vegetation that has been unavoidably disturbed. The amendment 
is intended to improve operational efficiency of the Ohio program.

DATES: Written comments must be received on or before 4:00 p.m. on May 
29, 1998. If requested, a public hearing on the proposed amendments 
will be held on May 26, 1998. Requests to present oral testimony at the 
hearing must be received on or before 4:00 p.m. on May 14, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or delivered to George Rieger, Field Branch Chief, 
Appalachian Regional Coordinating Center, 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 the OSM Field Branch, 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 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 February 11, 1993 (Administrative Record No. OH-
1831), Ohio submitted proposed Program Amendment Number 61 concerning 
augmentative practices. OSM announced receipt of this amendment in the 
April 1, 1993, Federal Register (58 FR 17173) and, in the same notice, 
opened the public comment period and provided opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on May 3, 1993. Since no one requested an opportunity to 
provide testimony at a public hearing, the scheduled hearing was 
canceled.
    By letter dated June 11, 1993 (administrative Record No. OH-1888), 
Ohio submitted additional revisions to this proposed amendment. OSM 
announced receipt of the revised amendment in the July 6, 1993, Federal 
Register (58 FR 36177), and, in the same notice, reopened the public 
comment period and again provided an opportunity for a public hearing. 
The public comment period closed on July 21, 1993. On August 16, 1993 
(58 FR 43261), OSM approved most of the proposed amendment, but 
deferred decision on Ohio Administrative Code (OAC) 1501:13-9-15(F) 
(5), (6), and (7) concerning nonaugmentative practices.
    OSM reopened a public comment period on September 15, 1993 (58 FR 
48333) for the provisions OAC 1501:13-9-15(F) (6) and (7) as originally 
submitted on February 11, 1993, and revised on June 11, 1993, with 
regard to removal of sedimentation ponds and associated areas. The 
comment period closed on October 15, 1993. This notice also included 
similar proposed revisions to the Kentucky and Illinois regulations as 
well as a discussion of OSM's proposed policy concerning restart of the 
revegetation responsibility

[[Page 23406]]

period upon the removal of required sedimentary control structures.
    By letter dated April 14, 1998 (Administrative Record Number OH-
2175-00), Ohio submitted revised language of the Program Amendment # 
61R. Subsection (f)(4) provides for practices that will not be 
considered augmentative when the practice and the rate of applecation 
is an accepted local practice for comparable unmined lands that can be 
expected to continue as a postmining practice. Subsection (F)(5) 
provides for the nonaugmentative repair of areas that held required 
sediment control structures. Subsection (F)(6) provides the minimum 
time that vegetation established or reestablished under subsections 
(F)(4)(c) and (F)(5) must have been seeded prior to a request for Phase 
III bond release. The proposed language is as follows.

OAC 1501:13-9-15(F)(4)

    (c) Reseeding and adding soil amendments when necessary to repair 
damage to land and/or established permanent vegetation, that is 
unavoidably disturbed in order to meet the reclamation standards of 
this chapter, provided that:
    (I) The damage is not caused by a lack of planning, design, or 
implemention of the mining and reclamation plan, inappropriate 
reclamation practices on the part of the permittee, or the lack of 
established permanent vegetation; and
    (II) The total acreage of repaired areas under paragraphs (F)(4) 
(b) & (c) of this rule does not exceed ten percent of the total land 
affected, with no individual area exceeding three acres.

OAC 1501:13-9-15(F)(5)

    Reseeding of areas that have been unavoidably disturbed in the 
course of gaining access for removal of structures that are part of the 
sediment control system or initial seeding of areas upon which the 
sediment control system was located and subsequently removed will not 
restart the period of extended responsibility for revegetation success.

OAC 1501:13-9-15(F)(6)

    For the purposes of paragraphs (F)(4)(c) and (F)(5) of this rule, 
permanent vegetation that is established or reestablished on these 
areas must have been seeded a minimum of twelve months prior to the 
request for Phase III bond release.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comments on the proposed amendments. Comments should address 
whether the amendments satisfy the applicable program approval criteria 
of 30 CFR 732.15. If the amendments are deemed adequate, they will 
become part of the Ohio program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this notice 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 testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by the close of 
business on May 14, 1998. If no one requests an opportunity to testify 
at the public hearing by that date, 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 remarks and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those scheduled. The hearing will end after all persons 
scheduled to testify and persons present in the audience who wish to 
testify have been heard.

Public Meeting

    If only one person or group requests to testify at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the amendments 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 in advance at the locations listed 
under ADDRESSES. A written summary of each public 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 3 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.

[[Page 23407]]

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: April 21, 1998.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-11281 Filed 4-28-98; 8:45 am]
BILLING CODE 4310-05-M