Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 936

Oklahoma Regulatory Program

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

Interior.

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 revisions and additional explanatory information for

Oklahoma's proposed rules pertain to recodification of Oklahoma's coal

mining rules and revisions to the rules pertaining to primary road

certification requirements for road systems and transportation

facilities; sedimentation pond storage volume; subsidence control for

surface mining activities; and protection of underground mining. 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.s.t. January

17, 1995.

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 proposed to revise the Oklahoma Coal Rules and Regulations

at sections 780.25 and 784.16, reclamation plan for ponds,

impoundments, banks, dams, and embankments; section 780.37, road

systems; section 784.20, subsidence control plans; section 784.24,

transportation facilities; section 800.40, requirement to release

performance bonds; sections 816.46 and 817.46, hydrologic balance and

siltation structures; section 816.116, revegetation success standards;

section 816.121, subsidence control; section 823.12, prime farmland

soil removal; section 823.13, prime farmland soil stockpiling; and

section 823.14, prime farmland soil replacement. Oklahoma also proposed

to recodify its rules in accordance with the standards set forth by the

Oklahoma State Legislature and the Office of Administrative Code.

OSM announced receipt of the proposed amendment in the September

27, 1994 Federal Register (59 FR 49223), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. OK-963.03).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on October 27, 1994.

During its review of the amendment, OSM identified concerns

relating to the provisions of recodified Oklahoma Administrative Code

(OAC) 460:20-27-20(b) and 460:20-31-17(b), primary road certification

requirements for road systems and transportation facilities, and

Oklahoma's proposed rule recodification. With respect to the

recodification, OSM identified concerns relating to OAC 460:20-43-

12(f)(8), sedimentation pond storage volume; OAC 460:20-43-47 and

460:20-43-48, subsidence control for surface mining activities; OAC

460:20-45-28, protection of underground mining; and various editorial

and citation inconsistencies. OSM notified Oklahoma of the concerns by

letter dated November 22, 1994 (administrative record No. OK-963.08).

Oklahoma responded in a letter dated December 20, 1994, by submitting a

revised amendment and additional explanatory information

(administrative record No. OK-963.10).

In response to the issue letter, Oklahoma proposes to move the as-

built requirements regarding primary road certification for road

systems and transportation facilities from the permitting requirements

of OAC 460:20-27-20(b) and 460:20-31-17(b) to the performance standard

requirements of OAC 460:20-43-53(1) and 460:20-45-53(1); to delete at

OAC 460:20-43-12(f)(8) the requirement that sediment shall be removed

from a structure when the sediment storage volume is 80 percent filled;

to provide additional information explaining why the provisions at OAC

460:20-45-47 and 460:20-45-48, regarding subsidence control for surface

mining activities, should be retained in its rules; to delete at OAC

460:20-45-28 from its underground mining performance standards a

provision regarding the protection of underground mining; and to

propose revisions and provide additional explanatory information for

the recodification of its coal mining rules.

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.

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.

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: December 21, 1994.

Charles E. Sandberg,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-32177 Filed 12-29-94; 8:45 am]

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