[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: grieger@escgw.osmre.gov.
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]
BILLING CODE 4310-05-P
