[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12865]
[[Page Unknown]]
[Federal Register: May 26, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 935
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing the receipt of proposed Program Amendment
Number 67 to the Ohio permanent regulatory program (hereinafter the
Ohio program) under the Surface Mining Control and Reclamation Act of
1977 (SMCRA). The amendment was initiated by Ohio and is intended to
make the Ohio program as effective as the corresponding Federal
regulations concerning postmining land uses. Specifically, the
amendment proposes to clearly identify postmining land use categories,
to clarify the comparison of premining and postmining land uses, to
clarify that ``undeveloped land'' may be the designated postmining land
use only if the premining land use is undeveloped land, to clarify that
``forestland'' and ``fish and wildlife habitat'' are distinct
postmining land uses, and to eliminate redundant provisions more
stringent than the Federal regulations for notice and approval of
alternative postmining land uses by other reviewing agencies and for
the design of postmining land use plans by an engineer.
DATES: Written comments must be received on or before 4 p.m. e.d.t., on
June 27, 1994. If requested, a public hearing on the proposed
amendments will be held on June 20, 1994. Requests to speak at the
hearing must be received by 4 p.m. e.d.t., on June 10, 1994. 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.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Richard J. Seibel, Director, at the
address listed below.
Copies of the Ohio program, the proposed amendments, 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 Columbus Field Office.
Richard J. Seibel, Director, Columbus Field Office, Office of Surface
Mining Reclamation and Enforcement, 4480 Refugee Road, suite 201,
Columbus, Ohio 43232, Telephone: (614) 866-0578.
Ohio Department of Natural Resources, Division of Reclamation, 1855
Fountain Square Court, Building H-3, Columbus, Ohio 43226, Telephone:
(614) 265-6675.
FOR FURTHER INFORMATION CONTACT:
Richard J. Seibel, Director, Columbus Field Office, (614) 866-0578.
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 the conditions of
approval and program amendments can be found at 30 CFR 935.11, 935.12,
935.15, and 935.16.
II. Description of the Proposed Amendment
By letter dated May 17, 1994 (Administrative Record No. OH-2017),
the Ohio Department of Natural Resources, Division of Reclamation
(Ohio), submitted proposed Program Amendment Number 67. In this
amendment, Ohio proposes to revise one rule at Ohio Administrative Code
(OAC) section 1501:13-9-17 to make the Ohio program as effective as the
corresponding Federal regulations concerning postmining land uses. The
specific rule revisions proposed by Ohio in this amendment are briefly
described below.
1. Postmining land use categories: Ohio is revising paragraphs
(C)(1) through (C)(11) to clarify the titles of the eleven approved
postmining land use categories.
2. Mining prior to April 10, 1972: Ohio is revising paragraph
(B)(1) to clarify that the postmining land use for land that was mined
pursuant to a license issued prior to April 10, 1972, shall be judged
on the basis of the highest and best use that can be achieved which is
compatible with surrounding areas and does not require the disturbance
of areas previously unaffected by mining.
3. Comparison of postmining and premining land uses: Ohio is
deleting the existing requirement in paragraph (B)(2) that, if the
premining land use was changed within five years of the beginning of
mining, the postmining land use shall be compared to the historic use
of the land as well as its use immediately before mining.
4. Undeveloped land use: Ohio is adding a new requirement in
paragraph (B)(2) that land may be returned to the undeveloped
postmining land use category only if the land was categorized as
undeveloped prior to mining.
Ohio is revising paragraph (C) to require that all proposed changes
of land use, including changes from undeveloped land to forestland or
fish and wildlife habitat, shall be considered an alternative land use
change subject to approval by the Chief of the Ohio Department of
Natural Resources, Division of Reclamation (the Chief).
Ohio is deleting the existing requirement in paragraph (D)(8) that
plans to change the postmining land use to undeveloped land from some
other land use category must treat the land as if the postmining land
use were in the forestland/fish and wildlife habitat category.
5. Forestland and Fish and Wildlife Habitat: Ohio is revising
paragraphs (C)(9) and (C)(10) to clarify that ``forestland'' and ``fish
and wildlife habitat'' are distinct postmining land uses. The
``forest'' category includes land used for commercial or noncommercial
production of wood or wood products.
6. Agency review of postmining land uses: Ohio is deleting the
existing requirement in paragraph (D)(1) that requests for alternative
postmining land use must contain a written statement of views from the
authorities having statutory responsibilities for land use policies and
plans. Ohio is also deleting the requirement in paragraph (D)(1) that
the operator must obtain any required approval of the final land use
from local, State, or Federal land management agencies, including any
necessary zoning or other required changes.
Ohio is revising paragraph (D)(6) to clarify that, for approval by
the Chief, proposed alternative postmining land uses must identify
measures to prevent or mitigate adverse effects on fish and wildlife
and on threatened or endangered plants or animals or their critical
habitats and must demonstrate that an opportunity to comment has been
provided in accordance with OAC section 1501:13-9-11 to appropriate
State and Federal fish and wildlife management agencies.
Ohio is deleting the existing requirement in paragraph (D)(9) that
alternative postmining land use plans must demonstrate that the
operator has provided written notice of the proposed land use to
appropriate State and Federal agencies with instructions for those
agencies to provide any comments on the proposed land use to the Chief.
7. Design of postmining land use plans by an engineer: Ohio is
deleting the existing requirement at paragraph (D)(2) that postmining
land use plans must be designed under the general supervision of a
registered engineer or other appropriate professional.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the amendment proposed by Ohio 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 Columbus Field Office 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 p.m., E.D.T.,
on June 10, 1994. The location and time of the hearing will be arranged
with those persons requesting the hearing. If no one requests an
opportunity to comment at a 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.
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 the meetings will be posted at the
location 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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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 State 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
section702(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.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 20, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-12865 Filed 5-25-94; 8:45 am]
BILLING CODE 4310-05-M