[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Proposed Rules]
[Pages 18380-18381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8888]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-235; Amendment Number 70]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing the receipt of a proposed amendment to the
Ohio 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 make the Ohio
program as effective as the corresponding Federal regulations
concerning the frequency of inspections at abandoned coal mining
operations.
This document sets forth the times and locations that the Ohio
program and proposed amendment to that program will be available for
public inspection, the comment period during which interested persons
may submit written comments on the proposed amendment, and the
procedures that will be followed regarding the public hearing, if one
is requested.
DATES: Written comments must be received by 4:00 p.m., E.D.T. on May
11, 1995. If requested, a public hearing on the proposed amendment will
be held at 1:00 p.m., E.D.T. on May 8, 1995. Requests to speak at the
hearing must be received by 4:00 p.m. E.D.T., on April 26, 1995.
ADDRESSES: Written comments and requests to testify at the hearing
should be mailed or hand-delivered to Mr. Robert H. Mooney, Acting
Director, Columbus Field Office, at the address listed below.
Copies of the Ohio program, the proposed amendment, 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
Columbus Field Office.
Office of Surface Mining Reclamation and Enforcement, Columbus Field
Office, 4480 Refugee Road, Suite 201, Columbus, Ohio 43232, Telephone:
(614) 866-0578.
Ohio Department of Natural Resources, Division of Reclamation, 1855
Fountain Square Court, Building H-3, Columbus, Ohio 43224, Telephone:
(614) 265-6675.
FOR FURTHER INFORMATION CONTACT:
Mr. Robert H. Mooney, Acting Director, Columbus Field Office, (614)
866-0578.
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
On August 16, 1982, the Secretary of the Interior conditionally
approved the Ohio program. Information on the general background of the
Ohio program submission, including the Secretary's findings, the
disposition of comments, and a detailed explanation of the conditions
of approval of the Ohio program, 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. Description of the Proposed Amendment
The Ohio Department of Natural Resources, Division of Reclamation
(Ohio) submitted proposed Program Amendment Number 70 by letter dated
March 28, 1995 (Administrative Record No. OH-2104). In this amendment,
Ohio proposes to revise one rule at Ohio Administrative Code (OAC)
section 1501:13-14-01 to make the Ohio program as effective as the
corresponding Federal regulations concerning the frequency of
inspections at abandoned coal mining operations. The substantive rule
revisions proposed by Ohio in this amendment are briefly described
below:
1. Definition of ``Abandoned Coal Mining and Reclamation
Operation'': Ohio is revising paragraph (A)(3) to define the term
``abandoned coal mining and reclamation operation.'' Ohio is revising
paragraph (A)(4) to exclude abandoned operations from the definition of
``active coal mining and reclamation operation.''
2. Alternative Inspection Frequency at Abandoned Operations: Ohio
is adding a new paragraph (E) to authorize less frequent inspections of
abandoned operations. Ohio is proposing to select a specific inspection
frequency for each abandoned operation which shall be
[[Page 18381]] commensurate with the public health and safety and
environmental considerations present at that specific site. In no case
shall Ohio conduct less than one complete inspection per calendar year
at each abandoned operation.
Before changing to an alternate inspection frequency for an
abandoned operation, Ohio will first conduct a complete inspection of
the operation, prepare a written finding justifying the inspection
frequency selected for the operation, and publish a public notice of
the State's intent to change to the less frequent inspection schedule
for the operation. The notice shall provide the public with a 30-day
period in which to submit written comments on the State's proposed
change to less frequent inspections of the specified operation.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comment 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 Columbus Field Office 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 April 26, 1995. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to comment at a 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 comment have been heard. Persons in the audience
who have not been scheduled to comment and who wish to do so will be
heard following those scheduled. The hearing will end after all persons
scheduled to comment and persons present in the audience who wish to
comment 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 comment 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 at the Columbus Field Office by
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All
such meetings shall be open to the public and, if possible, notices of
the meetings will be posted at the locations listed under ADDRESSES. A
written summary of each public 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 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 5034 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.
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: April 5, 1995.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-8888 Filed 4-10-95; 8:45 am]
BILLING CODE 4310-05-M
