Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-235; Amendment Number 70]

Ohio Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: OSM is announcing the receipt 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 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.

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 by 4:00 p.m., E.D.T. on May

11, 1995. If requested, a public hearing on the proposed amendment will

be held at 1:00 p.m., E.D.T. on May 8, 1995. Requests to speak at the

hearing must be received by 4:00 p.m. E.D.T., on April 26, 1995.

ADDRESSES: Written comments and requests to testify 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 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:

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 program. Information on the general background of the

Ohio program submission, 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, 935.12, 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 70 by letter dated

March 28, 1995 (Administrative Record No. OH-2104). In this amendment,

Ohio proposes 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. The substantive rule

revisions proposed by Ohio in this amendment are briefly described

below:

1. Definition of ``Abandoned Coal Mining and Reclamation

Operation'': Ohio is revising paragraph (A)(3) to define the term

``abandoned coal mining and reclamation operation.'' Ohio is revising

paragraph (A)(4) to exclude abandoned operations from the definition of

``active coal mining and reclamation operation.''

2. Alternative Inspection Frequency at Abandoned Operations: Ohio

is adding a new paragraph (E) to authorize less frequent inspections of

abandoned operations. Ohio is proposing to select a specific inspection

frequency for each abandoned operation which shall be

[[Page 18381]] commensurate with the public health and safety and

environmental considerations present at that specific site. In no case

shall Ohio conduct less than one complete inspection per calendar year

at each abandoned operation.

Before changing to an alternate inspection frequency for an

abandoned operation, Ohio will first conduct a complete inspection of

the operation, prepare a written finding justifying the inspection

frequency selected for the operation, and publish a public notice of

the State's intent to change to the less frequent inspection schedule

for the operation. The notice shall provide the public with a 30-day

period in which to submit written comments on the State's proposed

change to less frequent inspections of the specified operation.

III. Public Comment Procedures

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

seeking comment 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.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

E.D.T. on April 26, 1995. 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 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

amendment 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.

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 5034 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: April 5, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 95-8888 Filed 4-10-95; 8:45 am]

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