Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 936

[SPATS No. OK-016-FOR]

Oklahoma Regulatory Program

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

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Oklahoma

regulatory program (hereinafter referred to as the ``Oklahoma

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

(SMCRA). Oklahoma proposed a revision to its rules pertaining to

procedures for assessment conference. The amendment is intended to

revise the Oklahoma program to improve operational efficiency.

EFFECTIVE DATE: November 9, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Jack R. Carson, Acting Director,

Tulsa Field Office, Office of Surface Mining Reclamation and

Enforcement, 5100 East Skelly Drive, suite 470, Tulsa, Oklahoma 74135-

6548, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the Oklahoma Program

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

approved the Oklahoma program. Background information on the Oklahoma

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

comments, and the conditions of approval can be found in the January

19, 1981, Federal Register (46 FR 4902). Subsequent actions concerning

the conditions of approval and program amendments can be found at 30

CFR 936.15 and 936.16.

II. Submission of the Proposed Amendment

By letter dated July 5, 1995 (Administrative Record No. OK-972),

Oklahoma submitted a proposed amendment to its program pursuant to

SMCRA. Oklahoma submitted the proposed amendment at its own initiative.

Oklahoma proposed to revise its rules at Oklahoma Administrative Code

(OAC) 460:20-61-10 concerning procedures for assessment conference.

OSM announced receipt of the proposed amendment in the July 27,

1997, Federal Register (60 FR 38533), and in the same document opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on August 28, 1995.

III. Director's Findings

Set forth below, pursuant to SMCRA and the Federal regulations at

30 CFR 732.15 and 732.17, are the Director's findings concerning the

proposed amendment.

The proposed amendment submitted by Oklahoma adds the word

``original'' before the word ``abatement'' in the second sentence of

OAC 460:20-61-10(b)(1). The effect of this proposed revision is that

civil penalty assessment conferences will be held within 60 days from

the date of issuance of the proposed assessment or the end of the

original abatement period, whichever is later. The Federal counterpart

regulation at 30 CFR 845.18(b)(1) provides that the assessment

conference be held within 60 days from the date the conference request

is received or the end of the abatement period, whichever is later.

The current time frame for holding Federal civil penalty assessment

conferences resulted from a revision to 30 CFR 845.18(b)(1) which was

effective April 8, 1991 (56 FR 10060, March 8, 1991). In the Federal

Register document announcing the regulation revision, the preamble

addressed the effect of the revision in States with primacy:

Section 518(i) of the Act and 30 CFR 840.13(c) of the

regulations require approved State programs to contain civil penalty

assessment procedures which are the same as or similar to the

provisions of section 518 of the Act and consistent with those of 30

CFR part 845. The time allowed for holding an assessment conference

is not prescribed in the Act; thus, the applicable standard

governing the adequacy of State program provisions under 30 CFR

840.13(c) is whether the approved State programs contain procedural

requirements relating to civil penalties which are consistent with

(i.e., no less effective than) 30 CFR 845.18, as amended. Because

OSM allows the States reasonable latitude in establishing certain

procedural time frames, and because this rule merely extends one of

such time frames, States do not have to adopt this change.

As indicated in the preamble provision quoted above, OSM allows the

States reasonable latitude in establishing certain procedural time

frames, and Oklahoma's proposed rule still provides for a minimum 60-

day time frame for holding civil penalty assessment conferences.

Therefore, the Director finds that Oklahoma's proposed revision does

not render its rule at OAC 460:20-61-10(b)(1) less effective than the

Federal regulation at 30 CFR 845.18(b)(1), and he is approving the

proposal.

IV. Summary and Disposition of Comments

Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment. No public comments were

received, and because no one requested an opportunity to speak at a

public hearing, no hearing was held.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited

comments on the proposed amendment from various Federal agencies with

an actual or potential interest in the Oklahoma program. The Department

of the Army, U.S. Army Corps of Engineers, responded that its review of

the amendment found the changes to be satisfactory (Administrative

Record No. OK-972.02). The United States Department of the Interior,

Bureau of Land Management, responded that the amendment appears to be

an improvement because it promotes timely procedures (Administrative

Record No. OK-972.03).

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the

written concurrence of the EPA with respect to those provisions of the

proposed program amendment that relate to air or water quality

standards promulgated under the authority of the Clean Water Act (33

U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). The

revision that Oklahoma proposed to make in this amendment did not

pertain to air or water quality standards. Therefore, OSM did not

request EPA's concurrence.

Pursuant to 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from EPA (Administrative Record No. OK-972.01). EPA

did not respond to OSM's request.

[[Page 56529]]

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the

proposed amendment from the SHPO and ACHP. No response was received

from either agency.

V. Director's Decision

Based on the above finding, the Director approves the proposed

amendment as submitted by Oklahoma on July 5, 1995.

The Director approves the rule as proposed by Oklahoma with the

provision that it be fully promulgated in identical form to the rule

submitted to and reviewed by OSM and the public.

The Federal regulations at 30 CFR Part 936, codifying decisions

concerning the Oklahoma program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. Procedural Determinations

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).

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, to the extent allowed by law, 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 1255) and 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.

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)).

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.).

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

corresponding 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 corresponding Federal regulations.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: October 27, 1995.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal Regulations is amended as set forth

below:

PART 936--OKLAHOMA

1. The authority citation for Part 936 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 936.15 is amended by adding paragraph (q) to read as

follows:

Sec. 936.15 Approval of regulatory program amendments.

* * * * *

(q) Revision to the following rule, as submitted to OSM on July 5,

1995, is approved effective November 9, 1995:

OAC 460:20-61-10(b)(1).................... Procedures for assessment

conference.

[FR Doc. 95-27810 Filed 11-8-95; 8:45 am]

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