[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Rules and Regulations]
[Pages 37938-37940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18221]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[OH-235; Amendment Number 70R]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing the approval 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
[[Page 37939]]
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.
EFFECTIVE DATE: July 25, 1995.
FOR FURTHER INFORMATION CONTACT:
Ms. Beverly C. Brock, 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. Discussion 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. Information on the general background of the
Ohio program, 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, 935.15, and
935.16.
II. Discussion 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 proposed 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.
OSM announced receipt of PA 70 in the April 11, 1995, Federal
Register (60 FR 18380), 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
May 11, 1995.
On May 11, 1995, OSM notified Ohio of its one comment about PA 70
(Administrative Record No. OH-2128). In response to that OSM comment,
Ohio submitted Revised Program Amendment Number 70 (PA 70R) by letter
dated May 31, 1995 (Administrative Record No. OH-2127). In PA 70R, Ohio
proposed one further revision to OAC section 1501:13-14-01 paragraph
(A)(3)(c)(ii).
OSM announced receipt of PA 70R in the June 16, 1995, Federal
Register (60 FR 31661), 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
July 3, 1995.
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. Only substantive changes to
Ohio's rules are discussed below. Rule revisions which are not
discussed below concern editorial changes intended to improve the
clarity and readability of the rules.
A. Revisions to Ohio's Regulations That Are Substantively Identical to
the Corresponding Provisions of the Federal Regulations
------------------------------------------------------------------------
Federal
State regulations (OAC Subject regulations (30
section 1501:13-14-01) CFR Part 840)
------------------------------------------------------------------------
(A)(3)..................... Definition of ``Abandoned 840.11(g)
Coal Mining and
Reclamation Operation''.
(E)........................ Alternative inspection 840.11(h)
frequency at abandoned
sites.
------------------------------------------------------------------------
Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, the Director finds that these
proposed rules are no less effective than the Federal rules.
B. Revisions to the Ohio's Regulations With No Corresponding Federal
Provisions
1. OAC Section 1501:13-14-01 Paragraph (A)(4)
Ohio is revising its definition of ``active coal mining and
reclamation operation'' to mean an operation other than an inactive or
abandoned coal mining reclamation operation. Although there is no
corresponding Federal definition of this term, the Director finds that
Ohio's definition is not inconsistent with the Federal regulations at
30 CFR 840.11 or with the revisions which Ohio is making elsewhere in
this rule.
IV. Summary and Disposition of Comments
Public Comments
On April 11 and June 16, 1995, the Director solicited public
comments and provided an opportunity for a public hearing on the
proposed amendment. No public comments were received. No public
hearings were held as no one requested the opportunity to provide
testimony.
Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from the Regional Director of the
U.S. Environmental Protection Agency (EPA) and from the heads of four
other Federal agencies and one State agency with an actual or potential
interest in the Ohio program.
The EPA commented that abandoned sites can result in acid or other
polluted mine drainage which may vary in severity over the seasons. EPA
stated that it is important that Ohio consider this seasonal variation
and other variable factors when determining the necessary inspection
frequency. One inspection per year may be reasonable for non-polluting
abandoned sites. However, Ohio should inspect polluting abandoned sites
more frequently than one per year to assess changes in severity and the
priority of the site for environmental cleanup. Polluting abandoned
sites with forfeited reclamation bond should be reclaimed as soon as
possible. If forfeited bonds are not sufficient to cover reclamation
costs, Ohio should pursue the responsible party for available
resources.
The Director concurs with EPA's comments and OSM and Ohio staff
have discussed these comments. Ohio will consider actual existing
pollutants, seasonal variation, and potential generation of pollutants
in evaluating and establishing any modified inspection frequency at
abandoned sites. Ohio will give priority to reclaiming polluting
forfeited sites and will seek recovery of any additional funds
necessary within its statutory authority.
Nonsubstantive comments were also received from the Mine Safety and
Health Administration. No other agency comments were received.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Ohio on March 28, 1995, and revised on May
31, 1995.
[[Page 37940]]
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.
Effect of Director's Decision
Section 503 of SMCRA provides that a State may not exercise
jurisdiction under SMCRA unless the State program is approved by the
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of
an approved State program be submitted to OSM for review as a program
amendment. Thus, any changes to a State program are not enforceable
until approved by OSM. The Federal regulations at 30 CFR 732.17(g)
prohibit any unilateral changes to approved programs. In the oversight
of the Ohio program, the Director will recognize only the approved
program, together with any consistent implementing policies,
directives, and other materials, and will require the enforcement by
Ohio of such provisions.
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
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: July 17, 1995.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating 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 new paragraph (yyy) to read
as follows:
Sec. 935.15 Approval of regulatory program amendments.
* * * * *
(yyy) The following amendment (Program Amendment 70R) pertaining to
the Ohio regulatory program, as submitted to OSM on March 28, 1995, and
revised on May 31, 1995, is approved, effective July 25, 1995:
Inspection frequency at abandoned sites, at OAC rule 1501:13-14-01.
[FR Doc. 95-18221 Filed 7-24-95; 8:45 am]
BILLING CODE 4310-05-M
