[Federal Register Volume 63, Number 193 (Tuesday, October 6, 1998)]
[Proposed Rules]
[Pages 53618-53619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26701]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-243-FOR, #76]


Ohio Regulatory Program

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 regulatory program (Ohio program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of changes to provisions of the Ohio rules 
pertaining to permitting requirements, bond release, and performance 
standards. The amendment is intended to revise the Ohio program to be 
consistent with the corresponding Federal regulations.

DATES: We will accept written comments until 4:00 p.m., [E.D.T.], 
October 21, 1998.

ADDRESSES: You should mail or hand deliver written comments to George 
Rieger, Field Branch Chief, at the address listed below.
    You may review copies of the Ohio program, the proposed amendment, 
and all written comments received in response to this document at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. You 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. 
Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

    On August 16, 1982, the Secretary of the Interior conditionally 
approved the Ohio program. You can find background information on the 
Ohio program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval in the August 10, 1982, 
Federal Register (42 FR 34688). You can find later actions concerning 
the Ohio program at 30 CFR 935.11, 935.12, 935.15, and 935.16.

II. Description of the Proposed Amendment

    By letter dated December 30, 1997 (Administrative Record No. OH-
2174-05), Ohio submitted a proposed amendment to its program in 
accordance with SMCRA and 30 CFR 732.17(c). Ohio proposed to amend the 
provisions of the Ohio Administrative Code (OAC) at: OAC 1501:13-4-05--
Permit Application Requirements, OAC 1501:13-4-12--Special Categories 
of Mining, OAC 1501:13-4-14--Underground Permit Application 
Requirements, OAC 1501:13-7-05--Release of Performance Bond, and OAC 
1501:13-9-04--Performance Standards. We announced receipt of the 
amendment in the January 23, 1998, Federal Register (63 FR 3507).
    During our review of the amendment, we identified concerns with 
Ohio's rules at OAC 1501 at subsections 13-4-12, 13-4-05, 13-4-14, and 
13-9-04. We notified Ohio of our concerns via electronic mail on May 5, 
1998 (Administrative Record No. OH-2174-11). By letter dated June 2, 
1998 (Administrative Record No. OH-2174-12), Ohio submitted revisions 
at OAC:

1501:13-4-05(H)(1)(c), (H)(2)(c), (H)(6)
1501:13-4-14(H)(1)(c), (H)(2)(c), (H)(6)
1501:13-9-04(H)(1)(c)(ii), (H)(1)(d)

to reference the criteria in Natural Resources Conservation Service's 
Technical Release No. 60 (TR 60), ``Earth Dams and Reservoirs.''
    During a conference call on July 16, 1998 (Administrative Record 
No. OH-2174-13), we informed Ohio that one issue remained at OAC 
1501:13-4-12. On September 4, 1998, Ohio telefaxed us revisions to 
subsection 13-4-12(E) (Administrative Record No. OH-2174-16). The 
revised language is: ``The aggregate total prime farmland acreage will 
not be decreased from that which existed prior to mining. Permanent 
water bodies, if any, to be constructed during mining and reclamation 
operations will be located within the post-reclamation non-prime 
farmland portions of the permit area. If the prime farmland acreage is 
to be restored in a location other than the premining location, the 
relocation must be approved by the Chief and the permittee must obtain 
the consent of all affected surface owner(s).''

[[Page 53619]]

III. Public Comment Procedures

    According to the provisions of 30 CFR 732.17(h), we are seeking 
comments on whether the proposed amendment satisfies the applicable 
program approval criteria of 30 CFR 732.15. If the amendment is 
approved, it will become part of the Ohio program.

Written Comments

    Your written comments should be specific and pertain only to the 
issues proposed in this rulemaking. You should explain the reason for 
any recommended change. We may not consider comments received after the 
time indicated under DATES or at locations other than the Appalachian 
Regional Coordinating Center in the final rulemaking or include them in 
the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    The Office of Management and Budget (OMB) under Executive Order 
12866 (Regulatory Planning and Review) exempts this rule from review.

Executive Order 12988

    The Department of the Interior conducted the reviews required by 
section 3 of Executive Order 12988 (Civil Justice Reform) and 
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

    We have analyzed this rule in accordance with the criteria of the 
national Environmental Policy Act and 526DM. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment.

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). The information collection is not covered by an existing 
OMB approval. An OMB form 83-I has not been prepared and has not been 
approved by the Office of Policy Analysis.

Regulatory Flexibility Act

    The Department of the Interior 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 Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), this rule will not produce a Federal mandate of $100 million 
or greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 25, 1998.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-26701 Filed 10-5-98; 8:45 am]
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