[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12864]
[[Page Unknown]]
[Federal Register: May 26, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
30 CFR Part 935
Ohio Permanent Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing the receipt of proposed Program Amendment
Number 68 to the Ohio permanent regulatory program (hereinafter 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 contemporaneous reclamation. Specifically, the
amendment proposes to define the terms ``area mining'' and ``contour
mining,'' to establish time and distance schedules for backfilling and
grading for mining methods other than area and contour mining, to
require the contemporaneous commencement of augering, and to require a
description of the mining method in the operation plan contained in the
permit.
DATES: Written comments must be received on or before 4 p.m., E.D.T.,
on June 27, 1994. If requested, a public hearing on the proposed
amendments will be held on June 20, 1994. Requests to speak at the
hearing must be received by 4 p.m., E.D.T., on June 10, 1994. 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.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Richard J. Seibel, Director, at the
address listed below.
Copies of the Ohio program, 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 amendment by
contacting OSM's Columbus Field Office.
Richard J. Seibel, Director, Columbus Field Office, Office of Surface
Mining Reclamation and Enforcement, 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:
Richard J. Seibel, 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. 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 can be found at 30 CFR 935.11, 935.12,
935.15, and 935.16.
II. Description of the Proposed Amendment
By letter dated May 17, 1994 (Administrative Record No. OH-2018),
the Ohio Department of Natural Resources, Division of Reclamation
(Ohio), submitted proposed Program Amendment Number 68. In this
amendment, Ohio proposes to revise three rules in the Ohio
Administrative Code (OAC) to make the Ohio program as effective as the
corresponding Federal regulations concerning contemporaneous
reclamation. The specific rule revisions proposed by Ohio in this
amendment are briefly described below.
1. OAC section 1501:13-1-02 paragraph (J): Ohio is adding this new
paragraph to define the term ``mining area.''
2. OAC section 1501:13-4-02 paragraph (CC): Ohio is adding this new
paragraph to define the term ``contour mining.''
3. OAC section 1501:13-4-05 paragraphs (A)(2)(a) (i) through (iv):
Ohio is adding these new paragraphs to require that the mining
operation plan in permit applications shall identify the mining method
to be used and, depending on that proposed mining method, the maximum
extent of cover to be mined, the beginning and ending point of the
mining, the direction of mining, spoil placement plans, the locations
of haul roads, the intended timing of the mining operation, and any
other information that demonstrates an orderly and reasonable
progression of mining and that specifies how the mining operation will
meet the contemporaneous reclamation requirements of OAC section
1501:13-9-13.
4. OAC section 1501:13-4-05 paragraph (D)(2)(a): Ohio is revising
this paragraph to require that reclamation plans in the permit
application shall contain a detailed timetable for the completion of
each major step of the reclamation plan specific to the described
mining method and addressing the contemporaneous reclamation
requirements of OAC section 1501:13-9-13.
5. OAC section 1501:13-9-13 paragraphs (A) (1) through (6): Ohio is
revising these paragraphs to clarify the rule language, to specify
minimum time and distance requirements for backfilling and grading for
mining methods other than contour or area mining, and to require the
contemporaneous commencement of augering after the creation of the
highwall to be augered.
6. OAC section 1501:13-9-13 paragraph (A)(7): Ohio is adding this
new paragraph to clarify that areas that are backfilled and rough
graded shall closely resemble the final ground surface configuration
approved in the mining and reclamation plan but that these areas are
not necessarily ready for resoiling or eligible for Phase I bond
release.
As part of and in support of proposed Program Amendment Number 68,
Ohio has also submitted a draft Policy/Procedure Directive which
provides additional clarification and guidance on the proposed Ohio
rule requirements for contemporaneous reclamation.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the amendment proposed by Ohio 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 p.m., E.D.T.,
on June 10, 1994. 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 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.
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 the 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 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 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
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.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 20, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-12864 Filed 5-25-94; 8:45 am]
BILLING CODE 4310-05-M
