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: 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

(30 U.S.C. 1201 et seq.). (SMCRA). The proposed amendment consists of

revisions to Oklahoma's coal mining rules concerning its Small Operator

Assistance Program (SOAP). The amendment revises the Oklahoma program

to be consistent with SMCRA and the corresponding Federal regulation.

EFFECTIVE DATE: March 10, 1995.

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. Submission of Amendment

By letter dated September 14, 1994, Oklahoma submitted a proposed

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

OK-964). Oklahoma submitted the proposed amendment at its own

initiative with the intent of revising the Oklahoma program to be

consistent with the corresponding Federal regulations.

Oklahoma proposed to revise its SOAP rules at Oklahoma

Administrative Code (OAC) sections 460:20-35-3, eligibility for

assistance; 460:20-35-6, program services and data requirements; and

460:20-35-7, applicant liability. Here and herein after, OSM refers to

these revised rules by their new codified numbers because Oklahoma

proposed in a different amendment recodification of its coal mining

rules in accordance with the standards set forth by the Oklahoma State

Legislature and the Office of Administrative Code (See proposed rule

Federal Register notice, 59 FR 49223, September 27, 1994).

OSM announced receipt of the proposed amendment in the September

27, 1994 Federal Register (59 FR 49225), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. OK-964.03).

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 Oklahoma's rules at OAC 460:20-35-

3(a)(2), percentage of ownership and control of the SOAP

[[Page 13041]] applicant; OAC 460:20-35-6 (a) and (b), extension of

SOAP funding to other program services and requirements for collection

of specific kinds of data; and OAC 460:20-35-7, liability periods. OSM

notified Oklahoma of the concerns by letter dated November 22, 1994

(administrative record No. OK-964.09).

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

submitting additional explanatory information and revisions to these

rules (administrative record No. OK-964.11). In addition, Oklahoma

proposed revisions to OAC 460:20-35-1, definitions.

Based upon the revisions to and additional explanatory information

for the proposed program amendment submitted by Oklahoma, OSM reopened

the public comment period in the December 30, 1994, Federal Register

(59 FR 67693, administrative record No. OK-964.12). The public comment

period ended on January 17, 1995.

III. Director's Findings

As discussed below, the Director, in accordance with SMCRA and 30

CFR 732.15 and 732.17, finds that the proposed program amendment

submitted by Oklahoma on September 14, 1994, and as revised by it on

December 20, 1994, is no less effective than the corresponding Federal

regulations. Accordingly, the Director approves the proposed amendment.

1. Nonsubstantive Revisions to Oklahoma's Rules

Oklahoma proposed revisions to the following previously-approved

rules that are nonsubstantive in nature (the corresponding Federal

regulation provisions are listed in parentheses):

OAC 460:20-35-3 (a)(2)(D) and (b), (30 CFR 795.6 (a)(2)(iv) and (b)),

eligibility for assistance;

OAC 460:20-35-6(d), (30 CFR 795.9(d)), program services and data

requirements; and

OAC 460:20-35-7(a), (30 CFR 795.12(a)), applicant liability.

Because Oklahoma's proposed revisions of these previously-approved

rules are nonsubstantive in nature, the Director finds that the

proposed rules are no less effective than the Federal regulations and

is approving them.

2. Substantive Revisions to Oklahoma's Rules That Are Substantively

Identical to the Corresponding Provisions of the Federal Regulations

Oklahoma proposed revisions to the following rules that are

substantive in nature and contain language that is substantively

identical to the requirements of the corresponding Federal regulation

provisions (listed in parentheses).

OAC 460:20-35-1, (30 CFR 795.3), definitions;

OAC 460:20-35-3(a)(2), (a)(2) (A), and (B), (30 CFR 765.6(a)(2), (i)

and (ii)), eligibility for assistance;

OAC 460:20-35-6 (a) and (b) (1) through (6), (30 CFR 795.9 (a) and (b)

(1) through (6)), program services and data requirements; and

OAC 460:20-35-7(a) (2) and (3), (30 CFR 795.12(a) (2) and (3)),

applicant liability.

Because the proposed revisions to these Oklahoma rules are

substantively identical to the corresponding provisions of the Federal

regulations, the Director finds that they are no less effective than

the Federal regulations. The Director approves these proposed rules.

IV. Summary and Disposition of Comments

Following are summaries of all written comments on the proposed

amendment that were received by OSM, and OSM's responses to them.

1. Public Comments

OSM invited public comments on the proposed amendment, but none

were received.

2. Federal Agency Comments

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

proposed amendment from various Federal agencies with an actual or

potential interest in the Oklahoma program (administrative record No.

OK-964.02).

The Bureau of Mines responded in a letter dated September 27, 1994,

that it had no comment on Oklahoma's proposed revisions (administrative

record No. OK-964.04).

The U.S. Army Corps of Engineers stated in a letter dated September

30, 1994, that it found the changes to be satisfactory (administrative

record No. OK-964.05).

The Bureau of Land Management responded in a letter dated October

12, 1994, that the modification to Oklahoma's SOAP provisions seemed

appropriate (administrative record No. OK-964.06).

3. Environmental Protection Agency (EPA) Concurrence and Comments

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

the written concurrence of 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.).

None of the revisions that Oklahoma proposed to make in its

amendment 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-964.02). It

responded on October 13, 1994, that it had no objections to the

approval of Oklahoma's proposed regulations (administrative record No.

OK-964.07).

4. State Historic 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 the ACHP (administrative record

No. OK-964.02). Neither the SHPO nor the ACHP responded to OSM's

request.

V. Director's Decision

Based on the above findings, the Director approves Oklahoma's

proposed amendment as submitted on September 14, 1994, and as revised

on December 20, 1994.

The Director approves, as discussed in: Finding No. 1, OAC 460:20-

35-3 (a)(2)(D) and (b), eligibility for assistance, OAC 460:20-35-6(d),

program services and data requirements, and OAC 460:20-35-7(a),

applicant liability; and finding No. 2, OAC 460:20-35-1, definitions,

OAC 460:20-35-3(a)(2) (A) and (B), eligibility for assistance, OAC

460:20-35-6 (a) and (b) (1) through (6), program services and data

requirements, and OAC 460:20-35-7(a) (2) and (3), applicant liability.

The Director approves the rules as proposed by Oklahoma with the

provision that they be fully promulgated in identical form to the rules

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

1. Executive Order 12866

This rule is exempted from review by the Office of Management and

Budget (OMB) under Executive Order 12886 (Regulatory Planning and

Review). [[Page 13042]]

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 1255) 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 data and

assumptions for the counterpart Federal regulations.

VII. List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 3, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support 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 (o) to read as

follows:

Sec. 936.15 Approval of regulatory program amendments.

* * * * *

(o) Revisions to the following provisions of the Oklahoma Coal

Rules and Regulations concerning the small operator assistance program,

as submitted to OSM on September 14, 1994, and as revised on December

20, 1994, are approved effective March 10, 1995:

Oklahoma Administrative Code (OAC) 460:20-35-1, definitions;

OAC 460:20-35-3 (a)(2), (a)(2) (A), (B), and (D), and (b), eligibility

for assistance;

OAC 460:20-35-6 (a), (b) (1) through (6), and (d), program services and

data requirements; and

OAC 460:20-35-7 (a), (a) (2) and (3), applicant liability.

[FR Doc. 95-5921 Filed 3-9-95; 8:45 am]

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