Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-264-FOR]

Ohio Regulatory Program

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

Interior.

ACTION: Proposed rule; reopening of public comment period.

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

amendment to the Ohio regulatory program (Ohio program) under the

surface Mining Control and Reclamation Act of 1977 (SMCRA). Ohio is

proposing revisions to Section 1501:13-1-04 of the Ohio Administrative

Code (OAC) as it relates to exemptions for coal extraction incidental

to government-financed highway or other construction. The amendment is

intended to revise the Ohio program to include counterparts to the

recently promulgated ``AML Enhancement Rule,'' which revised the

Federal regulations as 30 CFR 707.5 and added a new provision, at 30

CFR 874.17.

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

23, 1999.

ADDRESSES: Mail or hand-deliver your written comments and requests to

speak at the hearing to George Rieger, Field Branch Chief, at the

address listed below.

You may review copies of the Ohio program, the proposed amendment,

and all written comments received in response to this document at the

addresses listed below during normal business hours, Monday through

Friday, excluding holidays. You 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.

Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

On August 16, 1982, the Secretary of the Interior conditionally

approved the Ohio program. You can find background information on the

Ohio program, including the Secretary's findings, the disposition of

comments, and the conditions of approval in the August 10, 1982,

Federal Register (47 FR 34688). You can find later actions on

conditions of approval and program amendments at 30 CFR 935.11, 935.15,

and 935.16.

II. Description of the Proposed Amendment

By letter dated March 16, 1999 (Administrative Record No. OH-2178-

00) Ohio submitted a proposed amendment to its program concerning

exemptions for coal extraction incidental to government-financed

highway or other construction. Ohio submitted the proposed amendment at

its own initiative, in order to incorporate into its program the

expanded exemption recently promulgated in the Federal regulations at

30 CFR 707.5, as part of the ``AML Enhancement Rule.'' Under this rule,

approved Title IV abandoned mine land (AML) projects under SMCRA which

involve incidental coal extraction and are less than 50 percent

government financed may qualify for exemption. Projects which qualify

for this expanded exemption must also meet the newly promulgated

requirements contained in 30 CFR 874.17. (64 FR 7470, February 12,

1999). The proposed amendment was announced in the April 16, 1999,

Federal Register (64 FR 18857). The initial comment period closed on

May 17, 1999.

By letter dated July 9, 1999 (Administrative Record No. OH-2178-06)

Ohio submitted a revised and final version of the proposed amendment.

Ohio made this more recent submittal in

[[Page 42888]]

response to an OSM, July 1, 1999, issue letter (Administrative Record

No. OH-2178-05). In the letter, OSM had requested that the amendment

clearly restrict exemptions to projects that are AML eligible; and

clearly require that the exempted reclamation project is conducted in

accordance with the provisions of 30 CFR Subchapter R. The following

are changes to OAC Section 1501:13-1-04 made in the final submission

and not previously described in the April 16, 1999, Federal Register

notice. Revisions concerning nonsubstantive wording, format, or

organizational changes will not be described in this notice.

The last sentence of Subsection (A)(3) in the original amendment

read as follows: ``Funding at less than 50 percent may qualify if the

construction is undertaken as an approved reclamation project under

Section 1513.30 or 1513.37 of the revised code.'' This sentence has

been revised as follows: ``Funding at less than 50 percent may qualify

if the project is eligible under 1513.37 of the revised code and the

construction is undertaken as an approved reclamation project under

Section 1513.30 or 1513.37 of the Revised Code.''

Subsection (C)(4)(ii) in the original amendment read as follows:

``Ensure that the reclamation project is conducted in accordance with

the provision of the approved AML program and procedures.'' This

subsection has been revised as follows: ``Ensure that the reclamation

project is conducted in accordance with the provisions of the AML

program and procedures as approved by the U.S. Secretary Of Interior

under 30 CFR Subchapter R.''

III. Public Comment Procedures

According to the provisions of 30 CFR 732.17(h), we are seeking

comments on whether the proposed amendment satisfies the applicable

program approval criteria of 30 CFR 732.15. Specifically, we are

seeking comments on the clarification to the State's amendment

submitted on July 9, 1999. Comments should address whether the proposed

amendment with these clarifications satisfies the applicable program

approval criteria of 30 CFR 732.15. If we determine the amendment to be

adequate, it will become part of the Ohio program.

Written Comments

Your written comments should be specific, pertain only to the

issues proposed in this rulemaking, and include explanations in support

of your 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 exempt 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 3 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 SMCR 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. 611 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

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501

et seq.), this rule will not produce a Federal mandate of $100 million

or greater in any year, i.e., it is not a ``significant regulatory

action'' under the Unfunded Mandates Reform Act.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 27, 1999.

Allen D. Klein,

Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 99-20273 Filed 8-5-99; 8:45 am]

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