Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

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 for proposed

Program Amendment Number 65 Revised (PA 65R) to the Ohio permanent

regulatory program (hereinafter referred to as the Ohio program) under

the Surface Mining Control and Reclamation Act of 1977. The amendment

was initiated by Ohio and is intended to make the Ohio program as

effective as the corresponding Federal regulations. The amendment

concerns the availability of Ohio's permit, inspection, and enforcement

records to the public.

DATES: Written comments must be received by 4:00 p.m., E.D.T., on

August 22, 1994.

ADDRESSES: Written comments should be mailed or hand-delivered to

Richard J. Seibel, 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:

Richard J. Seibel, Director, Columbus Field Office, (614) 866-0578.

SUPPLEMENTARY INFORMATION:

I. Background

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, 1992, 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

The Ohio Department of Natural Resources, Division of Reclamation

(Ohio), submitted proposed Program Amendment Number 65 (PA 65) by

letter dated February 23, 1994 (Administrative Record No. OH-1990). In

this amendment, Ohio proposed to revise two rules in the Ohio

Administrative Code (OAC) to correct outdated rule references and to

adopt language similar to corresponding Federal regulations concerning

the availability of documents for public review.

OSM announced its receipt of proposed PA 65 in the Federal Register

on March 10, 1994 (59 FR 11227). The public comment period ended on

April 11, 1994. The public hearing scheduled for April 4, 1994, was not

held because no one requested an opportunity to speak.

By letter dated June 17, 1994 (Administrative Record No. OH-2029),

OSM provided its comments to Ohio on the February 23, 1994, submission

of PA 65. By letter dated July 20, 1994 (Administrative Record No. OH-

2033), Ohio resubmitted Program Amendment Number 65 Revised (PA 65R)

which is intended to resolve the requirements in OSM's June 17, 1994,

letter. The new revisions proposed by Ohio in PA 65R are summarized

briefly below:

1. Ohio is revising OAC section 1501:13-1-10 paragraphs (B)(2) and

(B)(2)(b) to clarify that the provisions for availability of records

shall apply to both existing and proposed mining operations.

2. Ohio is revising its draft of the public notice document to

clarify that public comments on applicable permitting, inspection,

enforcement, and regulatory documents shall also be available for

public inspection and copying. Ohio is also listing in the public

notice the Ohio counties which are under the jurisdiction of each of

its five coal-regulatory district offices.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is

seeking comments 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.

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 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 whether this rule would have a significant

economic impact, the Department relied upon the data and assumptions in

the analysis for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

Intergovernmental regulations, Surface mining, Underground mining.

Dated: August 1, 1994.

Patricia P. Acker,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 94-19147 Filed 8-4-94; 8:45 am]

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