Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 936

Oklahoma Regulatory Program

ACTION: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions and additional

explanatory information pertaining to a previously proposed amendment

to the Oklahoma regulatory program (hereinafter, the ``Oklahoma

program'') under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). The proposed amendment pertains to revegetation success

standards and statistically valid sampling techniques, and guidelines

for phase I, II, and III bond release. The amendment is intended to

revise the Oklahoma program to be consistent with the corresponding

Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.d.t. August

24, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to James

H. Moncrief at the address listed below.

Copies of the Oklahoma program, the proposed amendment, 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 Tulsa Field Office.

James H. Moncrief, Director, Tulsa Field Office, Office of Surface

Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 550,

Tulsa, Oklahoma 74135.

Oklahoma Department of Mines, 4040 N. Lincoln Boulevard, Suite 107,

Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.

FOR FURTHER INFORMATION CONTACT:

James H. Moncrief, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

On January 19, 1981, the Secretary of the Interior conditionally

approved the Oklahoma program. General background information on the

Oklahoma program, including the Secretary's findings, the disposition

of comments, and the conditions of approval of the Oklahoma program can

be found in the January 19, 1981, Federal Register (46 FR 4902).

Subsequent actions concerning Oklahoma's program and program amendments

can be found at 30 CFR 936.15, 936.16, and 936.30.

II. Proposed Amendment

By letter dated February 17, 1994, Oklahoma submitted a proposed

amendment to its program pursuant to SMCRA (administrative record No.

OK-959.01). Oklahoma submitted the proposed amendment in response to

the required program amendments at 30 CFR 936.16(a) through (i).

Oklahoma proposed to amend the Bond Release Guidelines that are

referenced in subsections 816.116(a) and 817.116(a) of the Oklahoma

rules.

OSM announced receipt of the proposed amendment in the March 8,

1994, Federal Register (59 FR page number 10770), provided an

opportunity for a public hearing or meeting on its substantive

adequacy, and invited public comment on its adequacy (administrative

record No. OK-959.06). Because no one requested a public hearing or

meeting, none was held. The public comment period ended on April 7,

1994.

During its review of the amendment, OSM identified concerns with

Oklahoma's proposed revisions to the Bond Release Guidelines.

Specifically, OSM identified concerns relating to (1) sections I.E.3,

I.F.3, II.A, and III.A, the need to establish a method to determine

revegetation success standards for diversity, seasonality, permanence,

and regeneration; (2) Appendix O, the method for calculating a

technical productivity standard for success of revegetation on soils

reclaimed for use as pastureland, grazingland, and grain and hay

cropland on both prime and nonprime farmland; (3) subsection V.B.2.d,

phase II bond release requirements for the use of test plots to

demonstrate productivity on reclaimed prime farmland; and (4) Appendix

R, the repair of rills and gullies as normal husbandry practice. In

addition, OSM identified certain editorial concerns relating to (1)

subsection I.F.5.b, phase III bond release requirements for permanent

drainage control facilities; (2) subsection V.B.2.e, the reference to

Appendix O for the method to calculate a technical productivity

standard on prime farmland for phase II bond release; and (3) Appendix

J, the example calculation for a minimum adequate sample size.

OSM notified Oklahoma of these concerns by letter dated May 20,

1994 (administrative record No. OK-959.10). Oklahoma responded in a

letter dated July 21, 1994, by submitting a revised amendment and

additional explanatory information (administrative record No. OK-

959.11).

Oklahoma proposes revisions to and additional explanatory

information for certain provisions of the Bond Release Guidelines.

Specifically, Oklahoma proposes to revise the Bond Release Guidelines

at (1) subsection I.F.5.b, to require that water discharged from

permanent impoundments, ponds, diversions, and treatment facilities

shall meet water quality effluent limitations; (2) subsections IV.A.1.a

and IV.B.1.a, and section VII.A, to require that areas reclaimed for

forestry, wildlife habitat, recreation, and industrial, commercial, or

residential use must meet the standards for diversity, seasonality,

permanence, and regeneration that are defined in the permit; (3)

subsections V.B.2.d and V.B.2.e, to add criteria regarding the

selection of test plots for demonstrating success of productivity on

prime farmland cropland; (4) subsection V.B.2.f, to reference Appendix

O for calculation of a technical productivity standard for grain or hay

crops on prime farmland; (5) Appendix J, to correct typographical

errors; (6) Appendix O, to revise the method for calculation of

technical productivity standards on land reclaimed for use as

pastureland, grazingland, and grain and hay cropland on both prime and

nonprime farmland; and (7) Appendix R, concerning repair of rills and

gullies, to use the term ``initial establishment of permanent

vegetative cover.''

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Oklahoma

program amendment to provide the public an opportunity to reconsider

the adequacy of the proposed amendment in light of the additional

materials submitted. 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 Oklahoma

program.

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 Tulsa Field Office will

not necessarily be considered in the final rulemaking or included in

the administrative record.

IV. Procedural Determinations

1. 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).

2. 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 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 12550) and the Federal regulations at 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.

3. 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)).

4. 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.).

5. 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 that 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.

V. List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: August 3, 1994.

Russell F. Price,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-19363 Filed 8-8-94; 8:45 am]

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