[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25172]
[[Page Unknown]]
[Federal Register: October 12, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving proposed Program Amendment Number 65 Revised
to the Ohio permanent regulatory program (hereinafter referred to as
the Ohio program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA). The amendment was initiated by Ohio and is intended to
update rule references and to make the Ohio program as effective as the
corresponding Federal regulations. The amendment concerns the authority
of successor agencies within the Ohio Department of Natural Resources
and the availability of Ohio's permit, inspection, and enforcement
records to the public.
EFFECTIVE DATE: October 12, 1994.
FOR FURTHER INFORMATION CONTACT:
Robert H. Mooney, Acting Director, Columbus Field Office, Office of
Surface Mining Reclamation and Enforcement, 4480 Refugee Road, Suite
201, Columbus, Ohio 43232. Telephone: (614) 866-0578.
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
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 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 the conditions of
approval and program amendments are identified at 30 CFR 935.11,
935.12, 935.15, and 935.16.
II. Submission of the Proposed Amendment
By letter dated February 23, 1994 (Administrative Record No. OH-
1990), the Ohio Department of Natural Resources, Division of
Reclamation (Ohio), submitted proposed Program Amendment Number 65 (PA
65). In that submission, Ohio proposed to revise two rules in the Ohio
Administrative Code (OAC) to correct outdated rule references and to
adopt language similar to corresponding Federal regulations concerning
the availability of documents for public view.
As part of PA 65, Ohio provided a draft example of the public
notice on availability of documents which Ohio would post at one of the
two locations specified by OAC section 1501:13-1-10(B).
OSM announced receipt of the proposed amendment in the March 10,
1994, Federal Register (59 FR 11227), 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 April 11, 1994.
By letter dated June 17, 1994 (Administrative Record No. OH-2029),
OSM provided its comments to Ohio on the February 23, 1994, submission
of PA 65. By letter dated July 20, 1994 (Administrative Record No. OH-
2033), Ohio resubmitted Program Amendment Number 65 Revised (PA 65R)
which is intended to resolve the requirements in OSM's June 17, 1994,
letter. Ohio proposed new revisions to one rule and modified the draft
example of the notice on the availability of documents.
OSM reopened the public comment period in the August 5, 1994,
Federal Register (59 FR 39994). The public comment period closed on
August 22, 1994.
In response to a comment made by the Soil Conservation Service
(SCS), United States Department of Agriculture (Ohio Administrative
Record No. OH-2056), OSM requested that Ohio provide a written
statement for the Administrative Record clarifying the points of
agreement between the Division and the SCS. By letter dated September
23, 1994 (Ohio Administrative Record No. OH-2058), Ohio provided OSM
with its intentions regarding the filing of coal mining related
documents at SCS field offices.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment to the Ohio program.
1. Corrected Rule Reference
OAC section 1501:13-1-05 establishes that, in the event of a
consolidation or reorganization of offices within the Ohio Department
of Natural Resources (ODNR), the OAC rules which now apply to the
Division of Reclamation shall apply to and be the rules of any other
Division or office which succeeds the Division of Reclamation as the
administering agency for Ohio Revised Code Chapter 1513. Ohio is
revising this rule to expand the specific references to the Division of
Reclamation's rules to cover additional rules adopted by Ohio since OAC
section 1501:13-1-05 was first promulgated. There is no counterpart
Federal rule. However, the Director finds that this revision will not
render the Ohio program inconsistent with the requirements of SMCRA and
the Federal regulations.
2. Availability of Records
Ohio is revising OAC section 1501:13-1-10 paragraph (B)(2) to
provide additional ways that members of the public may review Ohio's
permit, inspection, and enforcement documents. Ohio is proposing that
local district offices of the ODNR, Division of Reclamation, shall
maintain copies of all documents pertaining to both existing and
proposed mining operations within their jurisdiction, or post for
public inspection a description of the information available for
mailing and a procedure for obtaining such information. If Ohio does
not maintain a district office in the specific county of the existing
or proposed mining operation, Ohio shall either:
(a) Make copies of all records, reports, inspection materials, and
other subject information available for public inspection at that
county's office of the county recorder or at that county's office of
the Soil Conservation Service (SCS) of the United States Department of
Agriculture; or
(b) Post, at that county's office of the county recorder or at that
county's office of the SCS, a description of the documents available
for inspection and the procedure by which members of the public may
request copies of these documents. At its own expense, Ohio shall
promptly provide copies of documents by mail upon request of any
resident of the area of the mining operation.
The counterpart Federal rule at 30 CFR 840.14(c) provides that the
regulatory authority shall make copies of these documents available for
public inspection or maintain a description of the information
available for mailing and the procedure for obtaining such information
at a Federal, State or local government office in the county where
mining is occurring or proposed to occur. The proposed rule provides
Ohio with options for meeting the obligation to make permitting
documents available to the public in the county where mining is
occurring or proposed to occur. The Director, therefore, finds that the
revised State rule is no less effective than 30 CFR 840.14(c).
Ohio has designed a public notice on availability of documents
which Ohio would post at that county's office of the county recorder or
at that county's office of the SCS as specified in OAC section 1501:13-
1-10(B)(2)(b). This proposed notice clarifies that public comments on
applicable permitting, inspection, enforcement, and regulatory
documents shall also be available for public inspection and copying.
Ohio is also listing in the public notice the counties which are under
the jurisdiction of each of its five coal-regulatory district offices.
The Director finds that the proposed notice satisfies the requirements
of and is no less effective than 30 CFR 840.14(c)(2).
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. The Ohio Historic
Preservation Office provided comments in support of the proposed
amendment. No other public comments were received, and because no one
requested an opportunity to testify at a public hearing, no hearing was
held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Ohio program.
The U.S. Department of Labor, Mine Safety and Health
Administration, acknowledged the proposed amendment with no comment.
The U.S. Department of Agriculture, Soil Conservation Service (SCS),
expressed concern with the requirement that copies of all records,
reports, inspection materials, and other information be retained in SCS
field offices. The SCS noted that this could involve a substantial
amount of information in some counties with accelerated mining
activity. However, the SCS was not against posting for public
inspection a description of the information available for mailing and a
procedure for obtaining such information upon request by any resident
of the area where mining is occurring. Based on Ohio's letter dated
September 23, 1994 (Administrative Record N. OH-2058), Ohio will make
sure that any approach for filing documents or posting notices at SCS
offices would be acceptable to the SCS. As discussed above, the
Director has determined that Ohio's options for meeting the obligation
to make permit, inspection, and enforcement documents available to the
public in the county where the mining is occurring or proposed to occur
are no less effective than the Federal regulations.
No other comments were received.
Environmental Protection Agency (EPA)
Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain
the written concurrence of the EPA with respect to any provisions of a
State program amendment that 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 Air Act (33 U.S.C. 1251 et seq.). None of the
revisions that Ohio proposed to make in this amendment pertain to air
or water quality standards. Therefore, OSM did not request EPA's
concurrence.
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. OH-1993). The
EPA responded on March 16, 1994, (Administrative Record No. OH-1999)
that Ohio should add language in its proposed amendment to cover both
existing and proposed mining operations. The Director notes that Ohio's
revised amendment at OAC section 1501:13-1-05 (B)(2) and (B)(2)(b)
covers both existing and proposed mining operations and therefore
satisfies EPA's concerns.
V. Director's Decision
Based on the above findings, the Director approves the proposed
program amendment as submitted by Ohio on February 23, 1994, and
revised and resubmitted on July 20, 1994.
The Federal regulations at 30 CFR Part 935 codifying decisions
concerning the Ohio program are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
conform their programs with the Federal standards without undue delay.
Consistency of State and Federal standards is required by SMCRA.
VI. Procedural Determinations
Executive Order No. 12866
This final rule is exempted from review by the Office of Management
and Budget (OMB) under Executive Order 12866 (Management Planning and
Review).
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 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 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
which 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.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 5, 1994.
Richard J. Seibel,
Acting Assistant Director, Eastern Support 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 935.15 is amended by adding paragraph (ttt) to read as
follows:
Sec. 935.15 Approval of regulatory program amendment.
* * * * *
(ttt) The following amendment to the Ohio regulatory program, as
submitted to OSM on February 23, 1994, and revised on July 20, 1994, is
approved effective October 12, 1994: Program Amendment Number 65
Revised which consists of revisions to the Ohio Administrative Code
(OAC) at 1501:13-1-05 concerning a successor to Ohio to include two
rules adopted since 1501:13-1-05 was first promulgated, 1501:13-1-10
paragraph (B)(2) concerning options for making permitting and other
documents available to the public in the vicinity of coal mining
operations, and the public notice on the availability of documents.
[FR Doc. 94-25172 Filed 10-11-94; 8:45 am]
BILLING CODE 4310-05-M
