Ohio Regulatory and AML Programs

DEPARTMENT OF THE INTERIOR

30 CFR Part 935

[OH-204; Amendment No. 54R]

Ohio Regulatory and AML Programs

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

Interior.

ACTION: Proposed rule; reopening and extension of public comment

period.

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SUMMARY: OSM is reopening the public comment period for a revised

amendment to the Ohio permanent regulatory and Abandoned Mined Land

(AML) programs (hereinafter referred to as the Ohio programs) under the

Surface Mining Control and Reclamation Act of 1977. The revised

amendment proposes additional changes to ten sections of the Ohio

Revised Code (ORC) to clarify those sections of State law, to conform

those sections to current State practices, and to make those sections

equivalent to corresponding Federal laws. The proposed revisions

concern lands eligible for remining, public roadways, average wage

rates, deletion of obsolete language on interim continuance of

underground coal mining operations, activities eligible for Small

Operator Assistance, refund of excess permit fees to operators, use of

the Reclamation Supplemental Forfeiture Fund for non-coal reclamation,

interfund transfers, and required staff training.

This document sets forth the times and locations that the Ohio

programs and the proposed amendments to those programs will be

available for public inspection, the comment period during which

interested persons may submit written comments on the proposed

amendments, and the procedures that will be followed regarding the

public hearing, if one is requested.

DATES: Written comments must be received on or before 4:00 p.m., e.d.t.

on May 17, 1995. If requested, a public hearing on the proposed

amendments will be held at 1:00 p.m., e.d.t. on May 12, 1995. Requests

to speak at the hearing must be received on or before 4:00 p.m., e.d.t.

on May 2, 1995.

ADDRESSES: Written comments and requests to speak 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 programs, 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 amendments 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. [[Page 19195]]

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 programs. Information on the general background of

the Ohio program submissions, including the Secretary's findings, the

disposition of comments, and a detailed explanation of the conditions

of approval of the Ohio programs, 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 Amendments

By letter dated February 7, 1992 (Administrative Record No. OH-

1645), the Ohio Department of Natural Resources, Division of

Reclamation (Ohio) submitted proposed Program Amendment Number 54 (PA

54). In PA 54, Ohio proposed to revise 13 sections of the ORC

concerning a number of regulatory and AML issues. OSM announced receipt

of PA 54 in the April 13, 1992, Federal Register (57 FR 12779), and in

the same notice, opened the public comment period and provided

opportunity for a public hearing on the adequacy of the proposed

amendment. The public comment period ended on May 13, 1992.

By letter dated June 15, 1992 (Administrative Record No. OH-1714),

OSM provided Ohio with its questions and comments about the February 7,

1992, submission of PA 54. On July 20, 1992, OSM and Ohio staff met to

discuss and resolve OSM's questions and comments (Administrative Record

No. OH-1746). On July 28, 1992, OSM and Ohio staff further resolved

some of those issues in a telephone conversation (Administrative Record

No. OH-1754).

In response to OSM's June 15, 1992, letter, Ohio submitted Revised

Program Amendment Number 54 (PA 54R) by letter dated September 2, 1992

(Administrative Record No. OH-1769). PA 54R contained further revisions

to seven sections of the ORC. OSM announced receipt of PA 54R in the

October 28, 1992, Federal Register (57 FR 48765), and in the same

notice, opened the public comment period and provided opportunity for a

public hearing on the adequacy of the proposed amendment. The public

comment period ended on November 27, 1992.

On December 16, 1992 (Administrative Record No. OH-1800), OSM and

Ohio staff conducted a telephone discussion of the September 2, 1992,

resubmission of PA 54R. On April 30, 1993, OSM and Ohio staff met

informally to discuss the status of the amendment with respect to the

State's legislative process.

In the June 11, 1993, Federal Register (58 FR 32611), the Director

of OSM announced his decision to defer Ohio PA 54R with the exception

of the Director's approval of one proposed change at ORC section

1513.02(F)(3) which the Ohio General Assembly was likely to pass in its

current form. The Director made this decision because the Ohio

Legislative Service Commission had not yet drafted the final statutory

language on which PA 54R would ultimately be based and because that

language would not be available for review by OSM within the

foreseeable future.

By letter dated March 31, 1995 (Administrative Record No. OH-2107),

Ohio submitted the final version of PA 54R. This final version contains

the statutory changes approved by the Ohio General Assembly in Senate

Bill 180 and in House Bill 414. The two bills were signed by the Ohio

Governor on December 23, 1992, and December 27, 1994, respectively. The

revised statutes went into effect on March 24, 1993, and March 27,

1995, respectively.

Ohio's March 31, 1995, final submission of PA 54R reiterates many

of the statute changes previously proposed in PA 54 and PA 54R. The new

submission also proposes new changes to ten sections of the ORC. OSM

discussed the previously proposed changes in the April 13 and October

28, 1992, Federal Register documents concerning the previous

submissions of PA 54 and PA 54R. Therefore, only newly proposed

substantive changes to Ohio's coal regulatory and AML program statutes

are discussed below. Statute changes which solely concern Ohio's non-

coal regulatory program are outside the jurisdiction of OSM and are not

discussed below. Newly proposed changes to paragraph notations and

other nonsubstantive wording changes which are intended solely to

clarify the statutes are also not discussed below.

(1) Lands Eligible for Remining

ORC section 1513.01 paragraph (F): Ohio is adding this paragraph to

define the term ``lands eligible for remining'' to mean those lands

that otherwise would be eligible for expenditure of AML reclamation

funds under paragraph (C)(1) of ORC section 1513.37.

ORC section 1513.07 paragraph (E)(3)(b): Ohio is adding this new

paragraph to provide that, until October 1, 2004, any violation

resulting from an unanticipated event or condition at a surface coal

mining operation on lands eligible for remining shall not prevent

issuance of a coal mining permit to the person holding the remining

permit. An unanticipated event or condition is one that was not

contemplated by the applicable permit.

ORC section 1513.16 paragraph (A)(19)(b): Ohio is adding this new

paragraph to provide that coal mining permits on lands eligible for

remining shall require the operator to assume the responsibility for

successful revegetation of the remined area for two full years after

the last augmented seeding, fertilizing, or irrigation.

ORC section 1513.37 paragraph (C)(3): Ohio is adding this new

paragraph to provide that surface coal mining operations on lands

eligible for remining shall not affect the eligibility of those lands

for AML reclamation funding under this section of the ORC after the

release of the mining operation's performance bond. If the performance

bond for the remining operation is forfeited and is not sufficient for

adequate reclamation of the site, Ohio may use AML reclamation funding

under this section to augment the bond.

(2) Public Roadways

ORC section 1513.01 paragraph (H)(2): Ohio is revising this

paragraph to delete the existing exclusion of public roadways from the

areas covered by the definitions of ``operation'' or ``coal mining

operation.''

(3) Average Wage Rates

ORC section 1513.02 paragraph (J): Ohio is revising this paragraph

to provide that the State will use information from non-coal as well as

coal mining and reclamation operations in calculating average wage

rates. The newly calculated average wage rates shall apply to

reclamation performed for Ohio on both coal and non-coal mining sites.

(4) Deletion of Obsolete Language

ORC section 1513.07 paragraph (A)(1): Ohio is deleting additional

obsolete language from this paragraph concerning interim continuance of

underground coal mine operations which were in effect prior to

September 1, 1981. [[Page 19196]]

(5) Activities Eligible for the Small Operator's Assistance Program

(SOAP)

ORC section 1513.07 paragraph (B)(4) (a) and (b): Ohio is revising

these paragraphs to expand the types of activities related to permit

applications which qualified laboratories can perform for permit

applicants under contracts funded by Ohio's SOAP. Qualifying activities

include determination of probable hydrologic consequences, development

of cross-section maps and plans, geologic drilling and reporting,

collection and reporting of archaeological information, performing pre-

blast surveys, and collection of information on protection of fish and

wildlife habitats. The coal mine operator shall reimburse the State for

the costs of SOAP-assisted services if the operator's actual and

attributed coal production for all locations exceeds 300,000 tons

during the 12 months immediately following the date of issuance of the

mining permit.

(6) Refund of Excess Permit Fees to Operators

ORC 1513.10: In February 7, 1992, submission of PA 54, Ohio

proposed to repeal this existing section which currently authorizes

Ohio to refund excess permit fees to the operator for acreage permitted

but not subsequently affected. In its March 31, 1995, cover letter of

the final version of PA 54R, Ohio noted that it is withdrawing its

proposal to repeal this section.

ORC 1513.07 paragraph (B)(1): Ohio is deleting previously proposed

language in this paragraph which would have provided that all excess

permit fees collected by the State shall be deposited in the State

Treasury to the credit of the Coal Mining Administration and

Reclamation Reserve Fund created in ORC section 1513.181.

(7) Use of Reclamation Supplemental Forfeiture Fund for Non-Coal

Reclamation

ORC section 1513.18 paragraph (D): In the February 7, 1992,

submission of PA 54, Ohio proposed to add this new paragraph (D) which,

in part, would have allowed the Division to use funds from the

Reclamation Supplemental Forfeiture Fund to reclaim areas which were

affected by mining under non-coal surface mining permits issued under

ORC Chapter 1514 but which the operator did not adequately reclaim. In

its March 31, 1995, final version of PA 54R, Ohio is withdrawing this

proposed language concerning non-coal reclamation from new paragraph

(D).

ORC 1514.06 paragraph (G): Ohio is proposing to revise this

paragraph in lieu of the previously proposed revision discussed above

which Ohio is withdrawing from ORC section 1513.18 paragraph (D). The

revision to ORC section 1514.06 paragraph (G) would provide that Ohio

may expend money from the Reclamation Supplemental Forfeiture Fund or

from the Surface Mining Administration Fund to complete reclamation on

land affected by non-coal surface mining operations on which an

operator has defaulted.

ORC section 1513.18 paragraph (D): Ohio is adding a statement in

this paragraph concerning the State's priority for management of the

Reclamation Supplemental Forfeiture Fund, including the selection of

projects and the transfer of moneys. That priority shall be to ensure

that sufficient moneys are available for reclamation of areas that an

operator has affected under a coal mining and reclamation permit issued

after September 1, 1981, and which the operator has failed to reclaim.

(8) Interfund Transfers

ORC 1513.181 paragraph (B): In its September 2, 1992, submission of

PA 54R, Ohio proposed to add this new paragraph to provide the State

with additional flexibility to manage the funding of the Coal Mining

Administration and Reclamation Reserve Fund and the Reclamation

Supplemental Forfeiture Fund. If, at the close of the fiscal year, the

former fund's balance is below one million dollars, the State could

have transferred funds of up to $500,000 per fiscal year from the Coal

Mining Administration and Reclamation Reserve Fund to the Reclamation

Supplemental Forfeiture Fund. In its March 31, 1995, final version of

PA 54R, Ohio is withdrawing this proposal language.

(9) Required Staff Training

ORC section 1513.34: Ohio is revising this section to delete the

requirements for minimum hourly amounts of initial and annual follow-up

training for certain staff positions. In lieu of a minimum of 80 hours

of training, Ohio shall provide adequate training and education, during

their probationary periods, for all persons appointed as inspection

officers. In lieu of a minimum of 40 hours of annual training, Ohio

shall provide, on a regular basis as funding allows, continuing

education and training as necessary for all inspection officers,

district supervisors, and enforcement personnel.

III. Public Comment Procedures

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

seeking comment on whether the amendments proposed by Ohio satisfy the

applicable program approval criteria of 30 CFR 732.15. If the

amendments are deemed adequate, they will become part of the Ohio

programs.

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 4:00 p.m.,

e.d.t. on May 2, 1995. 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

amendments 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. [[Page 19197]]

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface mining, Underground mining.

Dated: April 10, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 95-9389 Filed 4-14-95; 8:45 am]

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