Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-239-FOR, #73]

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 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 proposed amendment consists of revisions to sections of the Ohio

Administrative Code (OAC) dealing with surface mining operations on

remining areas. The amendment is intended to revise the Ohio program to

be consistent with the Federal regulations as amended on November 27,

1995 (60 FR 58480).

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

September 25, 1996. If requested, a public hearing on the proposed

amendment will be held on September 20, 1996. Requests to speak at the

hearing must be received by 4:00 p.m., [E.D.T.], on September 10, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to George Rieger, Field Branch Chief, at

the address listed below.

Copies of the Ohio program, the proposed amendment, a listing of

any scheduled public hearings, 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 Appalachian Regional

Coordinating Center.

George Rieger, Field Branch Chief, Appalachian Regional Coordinating

Center, Office of Surface Mining Reclamation and Enforcement, 3 Parkway

Center, Pittsburgh, PA 15220, Telephone: (412) 937-2153

Ohio Division of Mines and Reclamation, 1855 Fountain Square Court,

Columbus, Ohio 43244, Telephone: (614) 265-1076.

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief, Appalachian Regional Coordinating

Center, Telephone: (412) 937-2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

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, 1982, Federal

Register (47 FR 34688). Subsequent actions concerning conditions of

approval and program amendments can be found at 30 CFR 935.11, 935.15,

and 935.16.

II. Description of the Proposed Amendment

By letter dated July 23, 1996, (Administrative Record No. OH-2168-

00) Ohio submitted proposed amendments to the Ohio program concerning

remining. Ohio submitted the proposed amendment at its own initiative.

The provisions of the Ohio Administrative Code that Ohio proposes to

amend are:

1. OAC 1501:13-1-02 Definitions.

(a) New paragraph (OOO) ``Lands eligible for remining'' has been

added to mean those lands that would otherwise be eligible for

expenditures under section 1513.37 of the Revised Code.

(b) New paragraph (JJJJJJ) ``Unanticipated event or conditions''

has been added to mean (as used in Rule 13-5-01 of the Administrative

Code) an event or condition related to prior mining activity which

arises from a surface coal mining and reclamation operation on lands

eligible for remining and was not contemplated in the applicable

permit.

(c) Definitions of ``abatement plan'', ``base line pollution

load'', ``best available technology economically achievable'',

``pollution abatement area'', ``pre-existing discharge'', and

``remining NPDES permit'' are relocated here from OAC 1501:13-4-15, and

all paragraphs are relettered accordingly.

2. OAC 1501:13-4-08 Hydrologic map and cross-sections.

New paragraph (A)(15) has been added to include any land determined

to be eligible for remining.

3. OAC 1501:13-4-10 Uniform color code and map symbols. New

paragraph (A)(6) has been added to include any area determined to be

eligible for remining shall have its perimeter designated with a dashed

black line and the areas therein clearly labeled ``Remine''.

4. OAC 1501:13-4-12 Requirements for permits for special categories

of mining.

(a) New paragraph (L) has been added to include the requirement

that any person who submits a permit application to conduct a surface

coal mining operation on lands eligible for remining must comply with

Revised Code Section 1513.37. The requirements of paragraph (L) shall

apply until September 30, 1994, or any later date authorized by federal

law. The permit application must include: (1) A description of the

proposed lands eligible for remining and a demonstration, to the

satisfaction of the Chief, how such lands meet the eligibility

requirements specified by Revised Code Section 1513.37; (2)

Identification, to the extent not otherwise addressed in the permit

application, of any potential environmental and safety problems related

to the prior mining activity at the site which could be reasonably

expected to occur. This identification shall be based on a due

diligence investigation which shall include visual observations at the

site, a record of past mining at the site, and environmental sampling

tailored to current site conditions; and (3) A description, with regard

to potential environmental and safety problems identified in paragraph

(2), of the mitigative measures that will be taken to ensure that the

applicable reclamation requirements of Revised Code Chapter 1513 and

these rules can be met.

5. OAC 1501:13-4-15.

(a) The title of this section is changed from ``Authorization to

conduct coal mining on previously mined areas'' to ``Authorization to

conduct coal mining on pollution abatement areas''.

[[Page 43697]]

(b) Definitions of ``abatement plan'', ``base line pollution

load'', ``best available technology economically achievable'',

``pollution abatement area'', ``pre-existing discharge'', and

``remining NPDES permit'' are relocated to OAC 15011.3:-1-02, and

remaining paragraphs are relettered accordingly.

6. OAC 1501:13-5-01 Review, public participation, and approval or

disapproval of permit applications and permit terms and conditions.

(a) New paragraph (D)(7) has been added to provide that subsequent

to the effective date of this rule, the prohibitions of paragraph

(D)(3) of this section regarding the issuance of a new permit, shall

not apply to any violation that occurs after that date; is unabated;

and results from an unanticipated event or condition that arises from a

surface coal mining and reclamation operation on lands that are

eligible for remining under a permit issued pursuant to OAC 1501:13-4-

12(L) and held by the person making application for the new permit.

(b) New paragraph (D)(7)(D) provides that for permits issued under

OAC 1501:13-4-12(L), an event or condition shall be presumed to be

unanticipated for the purposes of this paragraph if it: arose after

permit issuance; was related to prior mining; and was not identified in

the permit.

7. OAC 1501:13-9-15 Revegetation.

(a) Paragraph (F)(2) is revised, and subparagraph(F)(2)(A) is

added, to provide that the required period of extended responsibility

on lands eligible for remining shall be not less than two full years

for permits issued pursuant to the requirements of OAC 1501:13-4-12 and

renewals thereof.

(b) New paragraph (O) with subparagraphs (1) through (6) are added

to include revegetation standards for areas eligible for remining in

each land use category and to establish cover standards for hay crops

on cropland areas.

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 Appalachian Regional

Coordinating Center 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 September 10, 1996. The location and time of the hearing

will be arranged with those persons requesting the hearing. If no one

requests an opportunity to speak at the 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 speak have been heard. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak 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 speak 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 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 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 12988

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12988 (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

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. 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 counterpart Federal regulations.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year

[[Page 43698]]

on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface mining, Underground mining.

Dated: August 14, 1996.

Tim L. Dieringer,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 96-21677 Filed 8-23-96; 8:45 am]

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