Oklahoma Permanent Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

Oklahoma Permanent 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 permanent 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 State program to be consistent with the corresponding

Federal standards.

This document sets forth the times and locations that the Oklahoma

program and proposed amendment to that program are available for public

inspection, the comment period during which interested persons may

submit written comments on the proposed amendment, and the procedures

that will be followed regarding the public hearing, if one is

requested.

DATES: Written comments must be received by 4 p.m., c.s.t. on April 7,

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

held on April 4, 1994. Requests to present oral testimony at the

hearing must be received by 4 p.m., c.s.t. on March 23, 1994. Any

disabled individual who has need for a special accommodation to attend

a public hearing should contact the individual 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 notice 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, OK 74135, Telephone: (918) 581-6430.

Oklahoma Department of Mines, 4040 North Lincoln, suite 107, Oklahoma

City, OK 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 (Administrative Record No. OK-

959.01), Oklahoma submitted a proposed amendment to its program

pursuant to SMCRA. Oklahoma submitted the proposed amendment with the

intent of satisfying the required program amendments at 30 CFR 936.16

(a) through (i). Oklahoma proposes to amend the Bond Release Guidelines

that are referenced in subsections 816.116(a) and 817.116(a)(1) of the

Oklahoma rules. Specifically Oklahoma proposes to revise the Bond

Release Guidelines at subsection I.E.3.b to require ground cover

sufficient to control erosion for approved commercial or industrial

land uses; subsection I.F.3.d to require, on areas previously disturbed

by mining, that ground cover be at least 70 percent and sufficient to

control erosion; subsection I.F.5.b to require that water discharged

from permanent impoundments, ponds, diversions, and treatment

facilities shall meet water quality effluent limitations; subsections

II.B.2.d and III.B.2.d to reference appendix O for the method for

calculating a technical success standard for productivity on,

respectively, pastureland and grazingland; subsection V.B.2.c to

reference appendix P for the method for calculating a technical success

standard for productivity of row crops on prime farmland cropland;

subsection V.B.2.d to add criteria regarding the selection of test

plots for demonstrating success of productivity on prime farmland

cropland; subsection V.B.2.e to reference appendix O for the method for

calculating a technical success standard for productivity of grain or

hay crops on prime farmland cropland; subsection VI.B.2.e to reference

appendices P and Q for the methods for calculating technical success

standards for productivity of, respectively, row crops and grain or hay

crops on nonprime farmland cropland; appendix A to add the definition

of ``initial establishment of permanent vegetative cover;'' appendices

J and P to correct typographical errors; and appendix V, to add a

technical document reference. In addition, Oklahoma submitted a letter,

dated February 1, 1994, from the U.S. Soil Conservation Service that

was intended to provide concurrence with appendix R concerning the

repair of rills and gullies as a normal husbandry practice.

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.

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.

Public Hearing

Persons wishing to testify at the public hearing should contact the

person listed under ``FOR FURTHER INFORMATION CONTACT'' by 4 p.m.,

c.s.t. on March 23, 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.

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 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 date and

assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: February 28, 1994.

Raymond L. Lowrie,

Assistant Director, Western Support Center.

[FR Doc. 94-5225 Filed 3-7-94; 8:45 am]

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