[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Proposed Rules]
[Page 35076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12458]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-247-FOR]


Ohio Regulatory Program

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

ACTION: Notice of withdrawal of proposed amendment.

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SUMMARY: We, the Office of Surface Mining (OSM), are announcing the 
withdrawal of proposed rule changes to the Ohio regulatory program (the 
``Ohio program'') under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). Ohio proposed to revise its program by 
amending the definition of ``inactive coal mining and reclamation 
operation'' with respect to prime farmland.

DATES: This withdrawal is made on May 17, 2002.

FOR FURTHER INFORMATION CONTACT: Mr. George Rieger, Telephone: (412) 
937-2153, Internet address: [email protected].

SUPPLEMENTARY INFORMATION:   

I. Background on the Ohio Program
II. Submission of the Proposed Amendment

I. Background on the Ohio Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of the Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Ohio program on August 16, 1982. You can 
find background information on the Ohio program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval in the August 10, 1982 Federal Register (47 FR 34717). You can 
also find later actions concerning Ohio's program and program 
amendments at 30 CFR 935.10, 935.15, and 935.16.

II. Submission of the Proposed Amendment

    By letter dated September 13, 2001, Ohio sent us an amendment to 
its program (Administrative Record Number OH-2181-00) under SMCRA (30 
U.S.C. 1201 et seq.). Ohio sent the amendment to include the changes 
made at its own initiative.
    The provision of the Ohio Administrative Code (O.A.C.) that Ohio 
proposed to revise is: O.A.C. 1501:13-14-01, Inspections. Specifically, 
Ohio proposed to revise the definition of ``inactive coal mining and 
reclamation operation'' with respect to prime farmland. Under the 
State's current rule, ``inactive coal mining and reclamation 
operation'' means an operation:
    (a) For which the chief has secured from the permittee the written 
notice required under paragraph (A) of rule 1501:13-9-16 of the 
Administrative Code;
    (b) Conducted under a D-permit, for which reclamation phase II as 
defined in (B)(1)(b)(I, II, AND IV) of rule 1501:13-7-05 of the 
Administrative Code has been completed.
    The State proposed to add the following language to the end of part 
(b) of the current rule:
    With respect to prime farmland, soil replacement has been carried 
out in accordance with the requirements of Rule 1501:13-13-03 of the 
Administrative Code and Division (A)(7) of Section 1513.16 of the 
Revised Code and sufficient ground cover has been established to 
prevent erosion or, where row crops are the approved reference crop, 
the initial planting has occurred.
    The effect of the proposed change would have been to reduce the 
frequency of inspections required for reclaimed areas of prime farmland 
by classifying such areas as inactive before Phase II reclamation has 
been completed.
    We announced receipt of the proposed amendment in the November 7, 
2001 Federal Register (66 FR 56263). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the amendment's adequacy (Administrative Record 
Number OH-2181-03). We did not hold a public hearing or meeting because 
no one requested one. The public comment period ended on December 7, 
2001. We received one comment from the Natural Resources Conservation 
Service.
    In a letter dated February 15, 2002, Ohio notified us that it was 
withdrawing the proposed amendment from consideration. Because the 
proposed amendment is not necessary to make the State's program 
consistent with SMCRA, OSM accepted the withdrawal.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 25, 2002.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 02-12458 Filed 5-16-02; 8:45 am]
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