[Federal Register Volume 60, Number 73 (Monday, April 17, 1995)]
[Proposed Rules]
[Pages 19194-19197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9389]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 935
[OH-204; Amendment No. 54R]
Ohio Regulatory and AML Programs
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment
period.
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SUMMARY: OSM is reopening the public comment period for a revised
amendment to the Ohio permanent regulatory and Abandoned Mined Land
(AML) programs (hereinafter referred to as the Ohio programs) under the
Surface Mining Control and Reclamation Act of 1977. The revised
amendment proposes additional changes to ten sections of the Ohio
Revised Code (ORC) to clarify those sections of State law, to conform
those sections to current State practices, and to make those sections
equivalent to corresponding Federal laws. The proposed revisions
concern lands eligible for remining, public roadways, average wage
rates, deletion of obsolete language on interim continuance of
underground coal mining operations, activities eligible for Small
Operator Assistance, refund of excess permit fees to operators, use of
the Reclamation Supplemental Forfeiture Fund for non-coal reclamation,
interfund transfers, and required staff training.
This document sets forth the times and locations that the Ohio
programs and the proposed amendments to those programs will be
available for public inspection, the comment period during which
interested persons may submit written comments on the proposed
amendments, and the procedures that will be followed regarding the
public hearing, if one is requested.
DATES: Written comments must be received on or before 4:00 p.m., e.d.t.
on May 17, 1995. If requested, a public hearing on the proposed
amendments will be held at 1:00 p.m., e.d.t. on May 12, 1995. Requests
to speak at the hearing must be received on or before 4:00 p.m., e.d.t.
on May 2, 1995.
ADDRESSES: Written comments and requests to speak 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 programs, the proposed amendments, 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 amendments 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. [[Page 19195]]
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 programs. Information on the general background of
the Ohio program submissions, including the Secretary's findings, the
disposition of comments, and a detailed explanation of the conditions
of approval of the Ohio programs, 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 Amendments
By letter dated February 7, 1992 (Administrative Record No. OH-
1645), the Ohio Department of Natural Resources, Division of
Reclamation (Ohio) submitted proposed Program Amendment Number 54 (PA
54). In PA 54, Ohio proposed to revise 13 sections of the ORC
concerning a number of regulatory and AML issues. OSM announced receipt
of PA 54 in the April 13, 1992, Federal Register (57 FR 12779), and in
the same notice, opened the public comment period and provided
opportunity for a public hearing on the adequacy of the proposed
amendment. The public comment period ended on May 13, 1992.
By letter dated June 15, 1992 (Administrative Record No. OH-1714),
OSM provided Ohio with its questions and comments about the February 7,
1992, submission of PA 54. On July 20, 1992, OSM and Ohio staff met to
discuss and resolve OSM's questions and comments (Administrative Record
No. OH-1746). On July 28, 1992, OSM and Ohio staff further resolved
some of those issues in a telephone conversation (Administrative Record
No. OH-1754).
In response to OSM's June 15, 1992, letter, Ohio submitted Revised
Program Amendment Number 54 (PA 54R) by letter dated September 2, 1992
(Administrative Record No. OH-1769). PA 54R contained further revisions
to seven sections of the ORC. OSM announced receipt of PA 54R in the
October 28, 1992, Federal Register (57 FR 48765), and in the same
notice, opened the public comment period and provided opportunity for a
public hearing on the adequacy of the proposed amendment. The public
comment period ended on November 27, 1992.
On December 16, 1992 (Administrative Record No. OH-1800), OSM and
Ohio staff conducted a telephone discussion of the September 2, 1992,
resubmission of PA 54R. On April 30, 1993, OSM and Ohio staff met
informally to discuss the status of the amendment with respect to the
State's legislative process.
In the June 11, 1993, Federal Register (58 FR 32611), the Director
of OSM announced his decision to defer Ohio PA 54R with the exception
of the Director's approval of one proposed change at ORC section
1513.02(F)(3) which the Ohio General Assembly was likely to pass in its
current form. The Director made this decision because the Ohio
Legislative Service Commission had not yet drafted the final statutory
language on which PA 54R would ultimately be based and because that
language would not be available for review by OSM within the
foreseeable future.
By letter dated March 31, 1995 (Administrative Record No. OH-2107),
Ohio submitted the final version of PA 54R. This final version contains
the statutory changes approved by the Ohio General Assembly in Senate
Bill 180 and in House Bill 414. The two bills were signed by the Ohio
Governor on December 23, 1992, and December 27, 1994, respectively. The
revised statutes went into effect on March 24, 1993, and March 27,
1995, respectively.
Ohio's March 31, 1995, final submission of PA 54R reiterates many
of the statute changes previously proposed in PA 54 and PA 54R. The new
submission also proposes new changes to ten sections of the ORC. OSM
discussed the previously proposed changes in the April 13 and October
28, 1992, Federal Register documents concerning the previous
submissions of PA 54 and PA 54R. Therefore, only newly proposed
substantive changes to Ohio's coal regulatory and AML program statutes
are discussed below. Statute changes which solely concern Ohio's non-
coal regulatory program are outside the jurisdiction of OSM and are not
discussed below. Newly proposed changes to paragraph notations and
other nonsubstantive wording changes which are intended solely to
clarify the statutes are also not discussed below.
(1) Lands Eligible for Remining
ORC section 1513.01 paragraph (F): Ohio is adding this paragraph to
define the term ``lands eligible for remining'' to mean those lands
that otherwise would be eligible for expenditure of AML reclamation
funds under paragraph (C)(1) of ORC section 1513.37.
ORC section 1513.07 paragraph (E)(3)(b): Ohio is adding this new
paragraph to provide that, until October 1, 2004, any violation
resulting from an unanticipated event or condition at a surface coal
mining operation on lands eligible for remining shall not prevent
issuance of a coal mining permit to the person holding the remining
permit. An unanticipated event or condition is one that was not
contemplated by the applicable permit.
ORC section 1513.16 paragraph (A)(19)(b): Ohio is adding this new
paragraph to provide that coal mining permits on lands eligible for
remining shall require the operator to assume the responsibility for
successful revegetation of the remined area for two full years after
the last augmented seeding, fertilizing, or irrigation.
ORC section 1513.37 paragraph (C)(3): Ohio is adding this new
paragraph to provide that surface coal mining operations on lands
eligible for remining shall not affect the eligibility of those lands
for AML reclamation funding under this section of the ORC after the
release of the mining operation's performance bond. If the performance
bond for the remining operation is forfeited and is not sufficient for
adequate reclamation of the site, Ohio may use AML reclamation funding
under this section to augment the bond.
(2) Public Roadways
ORC section 1513.01 paragraph (H)(2): Ohio is revising this
paragraph to delete the existing exclusion of public roadways from the
areas covered by the definitions of ``operation'' or ``coal mining
operation.''
(3) Average Wage Rates
ORC section 1513.02 paragraph (J): Ohio is revising this paragraph
to provide that the State will use information from non-coal as well as
coal mining and reclamation operations in calculating average wage
rates. The newly calculated average wage rates shall apply to
reclamation performed for Ohio on both coal and non-coal mining sites.
(4) Deletion of Obsolete Language
ORC section 1513.07 paragraph (A)(1): Ohio is deleting additional
obsolete language from this paragraph concerning interim continuance of
underground coal mine operations which were in effect prior to
September 1, 1981. [[Page 19196]]
(5) Activities Eligible for the Small Operator's Assistance Program
(SOAP)
ORC section 1513.07 paragraph (B)(4) (a) and (b): Ohio is revising
these paragraphs to expand the types of activities related to permit
applications which qualified laboratories can perform for permit
applicants under contracts funded by Ohio's SOAP. Qualifying activities
include determination of probable hydrologic consequences, development
of cross-section maps and plans, geologic drilling and reporting,
collection and reporting of archaeological information, performing pre-
blast surveys, and collection of information on protection of fish and
wildlife habitats. The coal mine operator shall reimburse the State for
the costs of SOAP-assisted services if the operator's actual and
attributed coal production for all locations exceeds 300,000 tons
during the 12 months immediately following the date of issuance of the
mining permit.
(6) Refund of Excess Permit Fees to Operators
ORC 1513.10: In February 7, 1992, submission of PA 54, Ohio
proposed to repeal this existing section which currently authorizes
Ohio to refund excess permit fees to the operator for acreage permitted
but not subsequently affected. In its March 31, 1995, cover letter of
the final version of PA 54R, Ohio noted that it is withdrawing its
proposal to repeal this section.
ORC 1513.07 paragraph (B)(1): Ohio is deleting previously proposed
language in this paragraph which would have provided that all excess
permit fees collected by the State shall be deposited in the State
Treasury to the credit of the Coal Mining Administration and
Reclamation Reserve Fund created in ORC section 1513.181.
(7) Use of Reclamation Supplemental Forfeiture Fund for Non-Coal
Reclamation
ORC section 1513.18 paragraph (D): In the February 7, 1992,
submission of PA 54, Ohio proposed to add this new paragraph (D) which,
in part, would have allowed the Division to use funds from the
Reclamation Supplemental Forfeiture Fund to reclaim areas which were
affected by mining under non-coal surface mining permits issued under
ORC Chapter 1514 but which the operator did not adequately reclaim. In
its March 31, 1995, final version of PA 54R, Ohio is withdrawing this
proposed language concerning non-coal reclamation from new paragraph
(D).
ORC 1514.06 paragraph (G): Ohio is proposing to revise this
paragraph in lieu of the previously proposed revision discussed above
which Ohio is withdrawing from ORC section 1513.18 paragraph (D). The
revision to ORC section 1514.06 paragraph (G) would provide that Ohio
may expend money from the Reclamation Supplemental Forfeiture Fund or
from the Surface Mining Administration Fund to complete reclamation on
land affected by non-coal surface mining operations on which an
operator has defaulted.
ORC section 1513.18 paragraph (D): Ohio is adding a statement in
this paragraph concerning the State's priority for management of the
Reclamation Supplemental Forfeiture Fund, including the selection of
projects and the transfer of moneys. That priority shall be to ensure
that sufficient moneys are available for reclamation of areas that an
operator has affected under a coal mining and reclamation permit issued
after September 1, 1981, and which the operator has failed to reclaim.
(8) Interfund Transfers
ORC 1513.181 paragraph (B): In its September 2, 1992, submission of
PA 54R, Ohio proposed to add this new paragraph to provide the State
with additional flexibility to manage the funding of the Coal Mining
Administration and Reclamation Reserve Fund and the Reclamation
Supplemental Forfeiture Fund. If, at the close of the fiscal year, the
former fund's balance is below one million dollars, the State could
have transferred funds of up to $500,000 per fiscal year from the Coal
Mining Administration and Reclamation Reserve Fund to the Reclamation
Supplemental Forfeiture Fund. In its March 31, 1995, final version of
PA 54R, Ohio is withdrawing this proposal language.
(9) Required Staff Training
ORC section 1513.34: Ohio is revising this section to delete the
requirements for minimum hourly amounts of initial and annual follow-up
training for certain staff positions. In lieu of a minimum of 80 hours
of training, Ohio shall provide adequate training and education, during
their probationary periods, for all persons appointed as inspection
officers. In lieu of a minimum of 40 hours of annual training, Ohio
shall provide, on a regular basis as funding allows, continuing
education and training as necessary for all inspection officers,
district supervisors, and enforcement personnel.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the amendments proposed by Ohio satisfy the
applicable program approval criteria of 30 CFR 732.15. If the
amendments are deemed adequate, they will become part of the Ohio
programs.
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 comment at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
e.d.t. on May 2, 1995. 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
amendments 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. [[Page 19197]]
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 10, 1995.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-9389 Filed 4-14-95; 8:45 am]
BILLING CODE 4310-05-M
