Ohio Regulatory Program; Revision of Administrative Rules

DEPARTMENT OF THE INTERIOR

30 CFR Part 935

Ohio Regulatory Program; Revision of Administrative Rules

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule.

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SUMMARY: OSM is announcing the receipt of proposed Program Amendment

Number 65 to the Ohio permanent 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 update rule references and to make the Ohio program

as effective as the corresponding Federal regulations. The amendment

concerns the authority of successor agencies within the Ohio Department

of Natural Resources and the availability of the Ohio's permit,

inspection, and enforcement records to the public. 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 on or before 4 p.m. on April

11, 1994. If requested, a public hearing on the proposed amendment will

be held at 1 p.m. on April 4, 1994. Requests to present oral testimony

at the hearing must be received on or before 4 p.m. on March 25, 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 testify at the hearing

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

locations listed below during normal business hours, Monday through

Friday, excluding holidays.

Office of Surface Mining Reclamation and Enforcement, Columbus Field

Office, 4480 Refugee Road, suite 201, Columbus, OH 43232. Telephone:

(614) 866-0578.

Ohio Department of Natural Resources, Division of Reclamation, 1855

Fountain Square Court, Building H-3, Columbus, OH 43224. Telephone:

(614) 265-6675.

Each requester may receive, free of charge, one copy of the

proposed amendment by contacting OSM's Columbus Field Office.

FOR FURTHER INFORMATION CONTACT: Richard J. Seibel, Director, Columbus

Field Office, Telephone: (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. General information on the Ohio program,

including the Secretary's findings, the disposition of comments, and a

detailed explanation of 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 are

identified at 30 CFR 935.11, 935.12, 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 65 by letter dated

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

amendment, Ohio proposes 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:

1. Corrected Rule Reference

OAC section 1501:13-1-05 establishes that, in the event of a

consolidation or reorganization of offices within the Ohio Department

of Natural Resources (ODNR), the OAC rules which now apply to the

Division of Reclamation shall apply to and be the rules of any other

Division or office which succeeds the Division of Reclamation as the

administering agency for Ohio Revised Code Chapter 1513. Ohio is

revising this rule to expand the specific references to the Division of

Reclamation's rules to cover additional rules adopted by Ohio since OAC

section 1501:13-1-05 was first promulgated.

2. Availability of Records

Ohio is revising OAC section 1501:13-1-10 paragraph (B) to provide

additional ways that members of the public may review Ohio's permit,

inspection, and enforcement documents. Local district offices of the

ODNR, Division of Reclamation, shall maintain copies of all documents

pertaining to the mining operations within the jurisdiction of the

individual offices. If Ohio does not maintain a district office in the

specific county of the mining operation, Ohio shall either:

(a) Make copies of all locally pertinent documents available for

public inspection at that county's office of the county recorder or at

that county's office of the Soil Conservation Service of the U.S.

Department of Agriculture; or

(b) Post, at that county's office of the county recorder or at that

county's office of the Soil Conservation Service, a description of the

documents available for inspection and the procedure by which members

of the public may request copies of these documents. At its own

expense, Ohio will promptly provide copies of documents by mail upon

request of any resident of the area of the mining operation.

As part of Program Amendment Number 65, Ohio provided a draft

example of the public notice on availability of documents which Ohio

would post at one of the two locations specified by OAC section

1501:13-1-10(B).

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 comment at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. on March

25, 1994. 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.

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 OSM office listed under

ADDRESSES by contacting the person listed under FOR FURTHER INFORMATION

CONTACT. All such meetings will be open to the public and, if possible,

notices of 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 proposed rule is exempted from review by the Office of

Management and Budget under Executive Order 12866.

Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 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 the Office of Management and Budget 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. Hence, 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: March 4, 1994.

Robert J. Biggi,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 94-5627 Filed 3-9-94; 8:45 am]

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