Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

Oklahoma 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 receipt of a 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 consists of recodification of Oklahoma's coal

mining rules and revisions to the rules pertaining to reclamation plan

requirements for ponds, impoundments, banks, dams, and embankments;

road systems; subsidence control plans; transportation facilities;

requirements for releasing performance bonds; hydrologic balance

requirements for siltation structures; revegetation standards for

success; subsidence control; soil removal requirements for prime

farmland; soil stockpiling requirements for prime farmland; and soil

replacement requirements for prime farmland. 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. October

27, 1994. If requested, a public hearing on the proposed amendment will

be held on October 24, 1994. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., c.d.t. on October 12, 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 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 E. Skelly Drive, Suite 550,

Tulsa, Oklahoma 74135

Oklahoma Department of Mines, 4040 N. Lincoln Blvd., 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 September 14, 1994, Oklahoma submitted a proposed

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

OK-963). Oklahoma submitted the proposed amendment with the intention

of revising the Oklahoma program to be consistent with the

corresponding Federal regulations.

Oklahoma proposes to recodify its rules according to the standards

set forth by the Oklahoma State Legislature and the Office of

Administrative Code. The proposed recodification revises the Oklahoma

rules from series 816 for surface coal mining operations and series 817

for underground coal mining operations to series 460 with underlying

chapters and subchapters specifying the various surface and underground

coal mining provisions.

In addition, Oklahoma proposes to revise the Oklahoma Coal Rules

and Regulations at Secs. 780.25 and 784.16, reclamation plan for ponds,

impoundments, banks, dams, and embankments; Sec. 780.37, road systems;

Sec. 784.20, subsidence control plans; Sec. 784.24, transportation

facilities; section 800.40, requirement to release performance bonds;

Secs. 816.46 and 817.46, hydrologic balance and siltation structures;

Sec. 816.116, revegetation success standards; Sec. 816.121, subsidence

control; Sec. 823.12, prime farmland soil removal; Sec. 823.13, prime

farmland soil stockpiling; and Sec. 823.14, prime farmland soil

replacement.

More specifically, Oklahoma proposes the following revisions. It

proposes to revise Secs. 780.25 and 784.16, regarding the reclamation

plan requirements for ponds, impoundments, banks, dams, and

embankments, by deleting language allowing professional geologists and

qualified, registered professional land surveyors to certify plans and

detailed designs. In addition, Oklahoma proposes in both provisions to

replace the phrase ``regulatory authority' with the term

``Department.''

Oklahoma proposes to revise Sec. 780.37, regarding road systems, by

deleting language allowing qualified, registered professional land

surveyors to certify plans and drawings for primary roads.

Oklahoma proposes to revise Sec. 784.20, regarding subsidence

control plans, by removing the phrase ``to the extent required under

State law'' from the requirement that a permit application include a

subsidence control plan containing a description of the measures to be

taken to mitigate or remedy any subsidence-related material to, or

diminution in value or reasonable foreseeable use of structures or

facilities.

Oklahoma proposes to revise Sec. 784.24, regarding transportation

facilities, by deleting language allowing qualified, registered

professional land surveyors to certify plans and drawings for primary

roads.

Oklahoma proposes to revise Sec. 800.40, regarding the requirement

to release performance bonds, by providing that the Department may

arrange with the permittee to allow access to the permit area upon

request by any person with an interest in bond release, for the purpose

of gathering information relevant to the proceeding.

Oklahoma proposes to revise Secs. 816.46 and 817.46, regarding the

hydrologic balance requirements for siltation structures, by (1)

striking a cross-reference to provisions that grant authority to

qualified, registered professional land surveyors to certify plans and

detailed designs for ponds, impoundments, banks, dams, and embankments;

and (2) adding language to require that the qualified, registered

professional engineer or land surveyor certifying the construction of

siltation structures shall have experience in pond construction.

Oklahoma proposes to revise Sec. 816.116, regarding revegetation

success standards, to require that prior to approving selective

husbandry practices, the Department must obtain the approval of the

Director of the Office of Surface Mining that such practices are normal

husbandry practices.

Oklahoma proposes to revise Sec. 816.121, regarding subsidence

control, by deleting the phrase ``to the extent required under

applicable provisions of State law'' from the requirement to correct

material damage resulting from subsidence.

Oklahoma proposes to revise Sec. 823.12, regarding soil stockpiling

requirements for prime farmland, to include the E horizon in the

description of topsoil for prime farmland. In addition, Oklahoma

proposes to delete the phrase ``an equal or'' from the requirement that

a final soil have a greater productive capacity than that which existed

prior to mining.

Lastly, Oklahoma proposes to revise sections 823.13 and 823.14,

regarding soil stockpiling and soil replacement requirements for prime

farmland, to include the E horizon in the description of topsoil for

prime farmland.

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 Oklahoma program.

1. 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 Tulsa Field Office will not

necessarily be considered in the final rulemaking or included in the

administrative record.

2. Public Hearing

Persons wishing to testify at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

c.d.t., on October 12, 1994. The location and time of the hearing will

be arranged with those persons requesting the hearing. If no one

requests an opportunity to testify at the 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 testify have been heard. Persons in the audience

who have not been scheduled to testify, and who wish to do so, will be

heard following those who have been scheduled. The hearing will end

after all persons scheduled to testify and persons present in the

audience who wish to testify have been heard.

3. Public Meeting

If only one person requests an opportunity to testify 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

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: September 20, 1994.

Russell F. Price,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-23825 Filed 9-20-94; 8:45 am]

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