[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Proposed Rules]
[Pages 3507-3508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1651]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-243-FOR]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the Ohio
regulatory program (hereinafter the ``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: Written comments must be received by 4:00 p.m., [E.D.T.],
February 23, 1998. If requested, a public hearing on the proposed
amendment will be held on February 17, 1998. Requests to speak at the
hearing must be received by 4:00 p.m., [E.D.T.], on February 9, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to George Rieger, Field Branch Chief, 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 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 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 (42 FR 34688). Subsequent actions concerning the conditions of
approval and program amendments can be found 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 pursuant
to SMCRA and in accordance with 30 CFR 732.17(c). The provisions of the
Ohio Administrative Code (OAC) that Ohio proposed to amend are: 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.
Specifically, Ohio is proposing the following changes. At OAC
1501:13-4-05 and 13-4-14, Ohio is proposing to replace the term
``sedimentation pond'' with ``siltation structure'' and to reference
the dam classification criteria found in the Natural Resources
Conservation Service (NRCS) Technical Release No. 60. AT OAC 1501:13-4-
12(E), Ohio is proposing to restrict approximate original contour
restoration variances to only steep-slope mining and reclamation
operations. At 13-4-12(F)(4)(E), Ohio is proposing to require
[[Page 3508]]
that the aggregate total prime farmland acreage not be decreased from
that which existed prior to mining. Any water bodies to be constructed
during mining and reclamation operations are to be located within the
post-reclamation non-prime farmland portions of the permit area. At OAC
1501:13-7-05(A)(2)(a)(iv), Ohio is proposing to require that a
notarized statement by the permittee affirming completion of all
applicable reclamation requirements be included in a request of
approval of reclamation. At OAC 1501:13-9-4, Ohio is proposing to
reference the dam and/or emergency spillway hydrologic criteria found
in the NRCS Technical Release No. 60. Ohio is also proposing to delete
the spillway requirements for impoundments at section (G)(3)(b) as they
already appear at section (H)(1)(h).
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. If the amendment
is deemed adequate, it will become part of the Ohio program.
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.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
[E.D.T.] on February 9, 1998. The location and time of the hearing will
be arranged with those persons requesting the hearing. If no one
requests an opportunity to speak at the public hearing, 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 responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Any disabled individual who has need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment 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 at the
locations listed under ADDRESSES. A written summary of each 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 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 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.
3509 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
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, 1998.
Ronald C. Rector,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-1651 Filed 1-22-98; 8:45 am]
BILLING CODE 4310-05-M
