# Ohio Regulatory Program > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-26775 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** October 18, 1996 - **Citation:** 61 FR 54375 ## Text 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. ----------------------------------------------------------------------- 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 [[Page 54376]] 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.). [[Page 54377]] 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] BILLING CODE 4310-05-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-26775. Public record. Not legal advice.