Ohio Abandoned Mine Land Program and Plan
| Published date | 10 May 2019 |
| Record Number | 2019-09556 |
| Section | Proposed rules |
| Court | Surface Mining Reclamation And Enforcement Office |
Federal Register, Volume 84 Issue 91 (Friday, May 10, 2019)
[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Proposed Rules]
[Pages 20599-20602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09556]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[SATS No. OH-259-FOR; Docket ID: OSM-2017-0002; S1D1S SS08011000
SX064A000 190S180110; S2D2S SS08011000 SX064A000 19XS501520]
Ohio Abandoned Mine Land Program and Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the Ohio
Reclamation Plan (the Ohio Plan) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). Through this proposed
amendment, Ohio seeks to amend its Abandoned Mine Land (AML) program by
revising certain statutory provisions and modifying its AML reclamation
plan. The revisions involve incorporating changes to SMCRA requirements
(i.e., project eligibility and prioritization), eliminating the 50%
match requirement for watershed groups, implementing changes to grant
administration requirements, updating organizational changes, and
incorporating other program changes. This document gives the times and
locations that the Ohio program and this proposed amendment to that
program are available for your inspection, the comment period during
which you may submit written comments on the amendment, and the
procedures that we will follow for the public hearing, if one is
requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., Eastern Standard Time (e.s.t.), June 10, 2019. If requested, we
will hold a public hearing on the amendment on June 4, 2019. We will
accept requests to speak at a hearing until 4:00 p.m., e.s.t. on May
28, 2019.
ADDRESSES: You may submit comments, identified by SATS No. OH-259-FOR,
by any of the following methods:
Mail/Hand Delivery: Mr. Ben Owens, Chief, Pittsburgh Field
Division, Office of Surface Mining Reclamation and Enforcement, 3
Parkway Center, Pittsburgh, PA 15220.
Fax: (412) 937-2177.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Ohio
program, this amendment, a listing of any scheduled public hearings,
and all written comments received in response to this document, you
must go to the address listed below during normal business hours,
Monday through Friday, excluding holidays. You may receive one free
copy of the amendment by contacting OSMRE's Pittsburgh Field Division
or the full text of the program amendment is available for you to read
at www.regulations.gov.
Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface
Mining Reclamation and Enforcement, 3 Parkway Center, Pittsburgh, PA
15220, Telephone: (412) 937-2827, Email: [email protected]
In addition, you may review a copy of the amendment during regular
business hours at the following location: Mr. Lanny E. Erdos, Chief,
Ohio Department of Natural Resources, Division of Mineral Resources
Management, 2045 Morse Road, Building H2, Telephone: (614) 265-6893,
Email: [email protected].
FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Chief, Pittsburgh Field
Division, 3 Parkway Center, Pittsburgh, PA 15220. Telephone: (412) 937-
2827, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Ohio Plan
A. Regulatory Program (Title V of SMCRA): Section 503(a) of the
Act, State Programs, permits a state to assume primacy for the
regulation of
[[Page 20600]]
surface coal mining and reclamation operations on non-Federal and non-
Indian lands within its borders by demonstrating that its program
includes, among other things, State laws and regulations that govern
surface coal mining and reclamation operations in accordance with the
Act and consistent with the Federal regulations. See 30 U.S.C.
1253(a)(1) and (7). On the basis of these criteria, the Secretary of
the Interior conditionally approved the Ohio program on August 16,
1982. You can find background information on the Ohio program,
including the Secretary's findings, the disposition of comments, and
conditions of approval of the Ohio program in the August 10, 1982,
Federal Register (47 FR 34717). You can also find later actions
concerning the Ohio program and program amendments at 30 CFR 935.10,
State Regulatory Program Approval; 935.11, Conditions of State
Regulatory Program Approval; and 935.15, Approval of Ohio Regulatory
Program Amendments.
B. AML Program (Title IV of SMCRA): Section 405 of the Act, State
Reclamation Programs, permits a state to implement an AML reclamation
program for the purposes of reclaiming and restoring eligible land and
water resources adversely affected by past mining. See 30 U.S.C. 1235.
This section prescribes the eligibility requirements for approval of
State AML programs, minimum content requirements of an AML reclamation
plan, submission requirements for the annual AML project listing, and
general AML grant requirements. The Federal regulations at 30 CFR part
884 establish the procedures and requirements for the preparation,
submission, and approval of state reclamation plans.
On the basis of these criteria, the Secretary of the Interior
conditionally approved the Ohio AML program on August 10, 1982. You can
find background information on the Ohio AML program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Ohio AML program in the August 10, 1982, Federal
Register (47 FR 37421). You can also find later actions concerning the
Ohio AML program at 30 CFR 935.20, Approval of Ohio AML Reclamation
Plan, and 935.25, Approval of Ohio AML Plan Amendments.
II. Description of the Proposed Amendment
By letter dated March 17, 2017 (Administrative Record No. OH-2195-
01), Ohio sent us an amendment that includes statutory changes to its
Ohio Revised Code (ORC) as well as changes to its AML reclamation plan
under SMCRA (30 U.S.C. 1235) and its implementing regulations at 30 CFR
884.15, State Reclamation Plan Amendments. At our request and by letter
dated September 15, 2017 (Administrative Record No. OH-2195-04), Ohio
resubmitted the amendment to provide additional clarity regarding the
changes to the AML plan. On October 1, 2018, Ohio submitted additional
changes to the 2016 updated AML plan, which involve public notification
of environmental documents related to AML projects (Administrative
Record No. OH-2195). The changes to the program as submitted are
described below.
A. Statutory Changes--Ohio Revised Code: Ohio submitted Substitute
House Bill 471 of the 131st General Assembly (effective December 19,
2016), which affected ORC Section 1513.37, Abandoned Mine Reclamation
Fund. The statutory revisions of this section reflect revisions to
Federal SMCRA provisions, eliminate the 50% match requirement for
watershed groups that administer AML reclamation projects, and
incorporate changes in AML grants administration and organizational
units. The bill also terminated the Council on Unreclaimed Strip Mined
Land at 1513.29. The Council was established by law in 2000 and was
responsible for reviewing and setting applicable expenditure limits on
AML reclamation projects identified by the Ohio Department of Natural
Resources. This change was made to implement the recommendations of
Ohio's Sunset Review Committee.
B. Ohio AML Plan Changes: Ohio is also seeking to replace its last
AML reclamation plan on record with an updated version (2016 Ohio State
Reclamation Plan). The last AML reclamation plan amendment was approved
on March 26, 1997, and, taken together with the original plan and
previously approved amendments, is considered the current approved plan
of record. These previously approved amendments, codified at 935.25,
Approval of the Ohio Reclamation Plan Amendments, involved statutory
changes and changes involving the Rural Abandoned Mined Lands Program,
staff reorganizations, the AML emergency program, acid mine drainage
reclamation, and the project selection process.
The 2016 plan addresses various aspects of the reclamation program,
including, but not limited to: Project information (eligibility,
ranking and selection); coordination with OSMRE and other agencies;
policies regarding reclamation on private land, land acquisition, and
rights of entry; public participation; and program management and
administration. The plan has been modified to reflect Federal statutory
changes, regulatory changes, and changes to Federal grants
administration policies and procedures. In addition, changes to Ohio
statutory provisions and other program changes, such as organizational
changes, are also reflected in the revision. This revised plan replaces
the old plan and is revised in parts; redesignated in parts; removed in
parts, and added in parts. Minor revisions such as organizational name
changes and editorial changes are also included. Federal changes
effecting the plan revision are described below.
1. Federal Statutory Changes: There was one major statutory change
affecting Title IV of the Act (SMCRA) that occurred since 1997. The
change occurred in 2006 through the AML Reauthorization Bill of 2006.
This bill extended the AML fee collection authority from 2007 to 2021
and revised the AML program in areas such as the appropriation of
funds, allocation formulas, fund objectives and priorities, reclamation
lien waivers, AMD set aside accounts, water supply projects, state
share payments, remining incentives, and minimum program funding.
2. Federal Regulatory Changes: Changes made to the Federal
regulatory provisions, as a result of the aforementioned statutory
changes, affecting Ohio's current AML Reclamation Plan of record are as
follows: 30 CFR part 872, Moneys Available to Eligible States and
Indian Tribes; Part 874, General Reclamation Requirements; Part 876,
Acid Mine Drainage Treatment and Abatement Program; Part 879,
Management and Disposition of Lands and Water; Part 882, Reclamation on
Private Land; Part 884, State Reclamation Plans, and Part 886,
Reclamation Grants for Uncertified States and Indian Tribes. These
regulatory changes involved changes to the definitions of eligible
lands and water, interim program eligibility requirements, reclamation
objectives and priority designations, reclamation contractor
responsibilities, state reclamation grant reporting, grant
requirements, water supply projects, AMD set-aside accounts, and
government-financed construction projects. See 73 FR 67638.
3. Federal Grants Management Changes: The Federal changes affecting
Ohio's current AML Reclamation Plan of record involve changes to the
President's Office of Management and Budget's (OMB's) Circular A-102,
``Grants and Cooperative Agreements with State and Local Governments.''
The OMB, working cooperatively with
[[Page 20601]]
Federal agencies and non-Federal parties, establishes government-wide
grants management policies and guidelines through circulars and common
rules. Currently, Federal grant funds (including AML grant funds) are
governed by the guidelines issued by the OMB. On March 12, 1987, all
agencies were directed to issue a common grants management rule to
adopt Government-wide terms and conditions for financial assistance to
state and local governments (referred to as the Grants Management
Common Rule). As a result of the Presidential Order, the grants
management guidelines were codified for the Department of the Interior
grant programs at 43 CFR part 12 and extensive revisions were made to
OSMRE's Federal Assistance Manual (FAM). In addition to the changes to
OMB Circular A-102 that resulted from the Common Rule and subsequent
revisions that were made to the circular, OSMRE had simplified the AML
grant process in 1993, and these changes were also incorporated into
the FAM.
C. State/Federal AML Project Coordination: In addition to the
statutory changes and plan changes described above, Ohio also submitted
changes that involve Federal and State program coordination of AML
project responsibilities. Ohio submitted a programmatic agreement
between OSMRE, the Ohio History Connection, the State Historic
Preservation Office, and the Ohio Department of Natural Resources,
Division of Mineral Resources Management. The agreement was signed on
January 25, 2017, and formalizes the agreed-upon process for carrying
out the responsibilities pursuant to section 106 and section 110(f) of
the National Historic Preservation Act and the regulations at 36 CFR
part 800.
Ohio asserts that execution and implementation of this agreement is
evidence that OSMRE and Ohio have afforded the Advisory Council on
Historic Preservation a reasonable opportunity to comment on the AML
program, as administered by OSMRE, and that Ohio has taken into account
the effects of the program on historic properties under the National
Historic Preservation Act (NHPA), associated regulations, and other
related statutes. This programmatic agreement describes how AML funds
are transferred from OSMRE to the State for the AML program and how
coordination regarding NHPA responsibilities will be carried out. This
agreement outlines the review and consultation process and includes
delegations, personnel, project review procedures, treatment, and
resolution of adverse effects. It also addresses post-review
discoveries, treatment of human remains, public participation/
notification/objections, monitoring and annual reporting/review,
dispute resolution, training and technical assistance, and terms of the
agreement. It also provides the delegated responsibility to Ohio to
make decisions regarding eligibility for properties.
The full text of the program amendment is available for you to read
at the locations listed above under ADDRESSES or at
www.regulations.gov.
III. Public Comment Procedures
We are seeking your comments on whether the amendment satisfies the
applicable plan approval criteria of 30 CFR 884.14 and 884.15. If we
approve the amendment, it will become part of the State program.
Electronic or Written Comments
If you submit written or electronic comments on the proposed rule
during the 30-day comment period, they should be specific, confined to
issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment, including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.d.t. on
May 28, 2019. If you are disabled and need reasonable accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak, and others present
in the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
Pursuant to Office of Management and Budget (OMB) Guidance dated
October 12, 1993, the approval of State plan amendments are exempted
from OMB review under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a state submits a plan amendment to OSMRE for review, our
regulations at 30 CFR 884.14 and 884.15, and agency policy require
public notification and opportunity for public comment. We accomplish
this by publishing a proposed rule notice in the Federal Register
indicating receipt of the proposed amendment and its text or a summary
of its terms. We conclude our review of the proposed amendment after
the close of the public comment period and determine whether the
amendment should be approved, approved in part, or not approved. At
that time, we will also make the determinations and certifications
[[Page 20602]]
required by the various laws and executive orders governing the
rulemaking process and include them in the final rule.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 16, 2018.
Thomas D. Shope,
Regional Director, Appalachian Region.
Editorial note: This document was received for publication by
the Office of the Federal Register on May 6, 2019.
[FR Doc. 2019-09556 Filed 5-9-19; 8:45 am]
BILLING CODE 4310-05-P
