Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-240-FOR, #74]

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 section 1501:13-6-03 of

the Ohio Administrative Code (OAC) dealing with the Small Operator

Assistance Program (SOAP). The amendment is intended to revise the Ohio

program to be consistent with the corresponding Federal regulations.

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

November 18, 1996.

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

be mailed or hand delivered to George

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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 CFR 34688). Subsequent actions concerning conditions of

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

and 935.16.

II. Description of the Proposed Amendment

By letter dated October 3, 1996, (Administrative Record No. OH-

2170-00) Ohio submitted proposed amendments to the Ohio program

concerning the SOAP. Ohio submitted the proposed amendments at its own

initiative. The amendment proposes numerous changes regarding both the

title of the division and gender. Throughout the amendment, references

to the ``division of reclamation'' are changed to the `'division of

mines and reclamation'' and references to ``he'' or ``his'' are changed

to ``he or she'' or ``his or hers'', respectively. These changes are

not specifically enumerated below. The substantive changes proposed by

Ohio in the revised amendment are discussed briefly below:

1. OAC 1501:13-6-03 Small Operator Assistance Program

(a) Paragraph (A)(1) is amended by adding items for which qualified

operators may request assistance. These include engineering analysis

and designs necessary for the determination of probable hydrologic

consequences added to subparagraph (A)(1)(a), and amending subparagraph

(A)(1)(b) to include geologic drilling and statement of the results of

physical and chemical analyses of test borings or core samples.

(b) New subparagraphs (C) (D) (E) and (F) are added to identify the

development of cross-section maps and plans; the collection of

archaeological information and other historical information and the

preparation of plans necessitated thereby; pre-blast surveys; and the

collection of site specific resource information and production of

protection and enhancement plans for fish and wildlife habitats and

other environmental values required by the chief, respectively, as

items for which a qualified operator may request assistance.

(c) Paragraph (B) is amended by deleting subparagraphs (1) and (2)

dealing with probable hydrologic consequences and results of test

borings and core samplings which are added to Paragraph (A) of this

amendment, and adding a statement referencing the services eligible are

under paragraph (A).

(d) Paragraph (C)(2) is further amended by substituting the

Department of Natural Resources as an additional reference for

production figure verification instead of the division of mines and the

division of reclamation. Subparagraphs (C)(2)(a) and (C)(2)(b) are

amended by changing the applicant ownership limit from ``more than a

five percent limit'' to ``ten percent or more'' limit.

(e) New subparagraph (D)(9) is added to require that an applicant

for assistance shall also submit a general statement on the probable

depth and thickness of the coal resource including a statement of

reserves in the permit area and the method by which they were

calculated. Subsequent subparagraphs are re-lettered accordingly.

(f) Subparagraph (D)(10) is amended by deleting the specific map

scale references required for a topographic map and adding a reference

to Rule 1501:13-9-04 of the OAC. New subparagraph (D)(10)(E) is added

to require that such topographic maps also include any additional

information required by the chief.

(g) Paragraph (F)(2) is amended by deleting the heading ``specific

provisions'' and adding the following: ``The data, analyses, and

statements provided to the chief shall be sufficient to satisfy the

requirements for:''. Subparagraphs (F)(2) (a) and (b) are amended to

include engineering analyses and designs necessary for the probable

hydrologic consequences determination, and the drilling and statement

by a qualified laboratory of the result of test borings or core

samplings, respectively. Subparagraph (F)(2)(b) is further amended by

adding provisions for obtaining a waiver from the requirement.

Subparagraph (F)(2)(c) pertaining to this waiver is deleted.

Existing subparagraph (F)(2)(d) is re-numbered as (F)(3), and

existing subparagraphs (F)(2) (e) and (f) are deleted.

New subparagraphs (F)(2) (C), (D), (E), and (F) are added to

identify the specific requirements that must be met for the development

of cross-section maps and plans; the collection of archeological

information and other historical information; pre-blast surveys; and

the collection of site-specific resource information and production of

protection and enhancement plans for fish and wildlife habitats and

other environmental values, respectively.

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 November 4, 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.

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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 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. 96-26776 Filed 10-17-96; 8:45 am]

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