Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 935

[OH-239-FOR, #73]

Ohio Regulatory Program

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

Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: OSM is reopening the public comment period on a proposed

amendment 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 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.]

November 4, 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

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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 amendments at its own initiative.

The proposed amendments were announced in the August 26, 1996, Federal

Register (61 FR 43696). However, certain amendments concerning the

permit application requirements and revegetation time frames were

inadvertently omitted from that notice. Also, Ohio submitted

corrections to its proposed amendments by letter dated October 4, 1996,

(Administrative Record No. OH-2168-07). Therefore, OSM is reopening the

public comment period only on the following proposed amendments:

1. OAC 1501:13-4-12 Requirements for Permits for Special Categories of

Mining

New paragraph (L) is corrected by changing the date until which its

requirements apply to September 30, 2004. The date was previously

incorrectly identified as September 30, 1994.

2. OAC 1501:13-5-01 Review, Public Participation, and Approval or

Disapproval of Permit Applications and Permit Terms and Conditions

New paragraph (E)(19) and subparagraphs (A), (B), and (C), are

added to require that, for operations which will include remining areas

under Rule 1501:13-4-12(L) of the Administrative Code, the application

includes (A) Lands eligible for remining; (B) an identification of the

potential environmental and safety problems related to prior mining

activity which could reasonably be anticipated to occur at the site;

and (C) mitigation plans to sufficiently address these potential

environmental and safety problems so that reclamation as required by

the applicable requirements of Chapter 1513 of the Revised Code can be

accomplished. Additionally, a semicolon and the word ``and'' are added

at the end of paragraph (E)(18).

3. OAC 1501:13-9-15 Revegetation

(a) Paragraphs and subparagraphs (F)(3), (F)(3)(a), (G)(3)(a),

(I)(6), (J)(1)(b), and (L)(2) are amended by deleting the words ``five

year'' before the word ``period'' in each. These changes reflect the

revised period of extended responsibility included in the proposed

addition of new subparagraph (F)(2)(a).

(b) Subparagraph (F)(4)(d) is amended by deleting the words ``five

years after the initial planting'' and substituting the words ``at the

end of the period of extended responsibility''.

(c) Subparagraph (H)(2) is amended by deleting the words ``five

year'' before the word ``period'' and adding the words ``and hay crops

also meet, at a minimum, the ground cover standards of paragraph

(G)(3)(B) during the last year of the period of extended

responsibility.''

(d) Paragraph (L) is amended by deleting the words ``undeveloped

land''; subparagraph (L)(2) is amended by deleting the words ``five

year'' before the word ``period''; and subparagraphs (L)(2) (a), (b)

and (c) continue to include references to three year requirements. Ohio

is withdrawing its proposal to change these requirements to two years.

(e) Paragraph (M) is amended by separating the first sentence into

two items with the second item being labeled as (1) and re-numbering

the subsequent items accordingly. No word changes were made to these

items. Subparagraph (M)(4) is amended by deleting the words ``five

year'' before the word ``period''.

(f) New paragraph (O) is amended by adding the following exception

to the Phase III bond release requirements of referenced paragraph

(L)(2) on remined areas to subparagraph (4)(B) ``except that of the

minimum countable trees per acre, eighty (80) percent have been in

place for at least two (2) years, on each acre on which trees or shrubs

are to be planted.''

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. Specifically,

OSM is seeking comments on the revision to the State's regulations that

was submitted on July 23, 1996 (Administrative Record No. OH-2168-00),

with the corrections and additions as noted above. Comments should

address 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.

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.).

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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 on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface mining, Underground mining.

Dated: October 10, 1996.

Allen D. Klein,

Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 96-26775 Filed 10-17-96; 8:45 am]

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