Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 936

[SPATS No. OK-018-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 to recodify and reinstate regulations

pertaining to an exemption for coal extraction incidental to

government-financed or other construction. The amendment is intended to

revise the Oklahoma program to be consistent with the corresponding

Federal regulations.

EFFECTIVE DATE: July 24, 1996.

FOR FURTHER INFORMATION CONTACT:

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 April 26, 1996 (Administrative Record No. OK-974),

Oklahoma submitted a proposed amendment to its program pursuant to

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

Oklahoma, in accordance with the standards set forth by the Oklahoma

State Legislature and the Oklahoma Office of Administrative Code,

proposed to recodify and reinstate regulations pertaining to an

exemption for coal extraction incidental to government-financed or

other construction at Oklahoma Administrative Code (OAC) 460, Chapter

20, Subchapter 6 as follows: OAC 460:20-6-1, Purpose; 460:20-6-2,

Responsibility; 460:20-6-3, Definitions; 460:20-6-4, Applicability; and

460:20-6-5, Information to be maintained on site. These regulations

were previously codified as Part 707, and they were inadvertently

omitted from the Oklahoma program during Oklahoma's promulgation of its

regulations after a previous rulemaking.

OSM announced receipt of the proposed amendment in the May 21,

1996, Federal Register (61 FR 25426), and in the same document opened

the public comment period and provided and opportunity for a public

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

period closed on June 20, 1996.

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.

OAC 460:20-6-1 through 460:20-6-5 Exemption for Coal Extraction

Incidental to Government-Financed or Other Construction

The proposed regulations contain language that is substantively

identical to the provisions of the corresponding Federal regulations

shown in brackets. OAC 460:20-6-1 [30 CFR 707.1] specifies the purpose

of the regulations as establishing procedures for determining those

surface coal mining and reclamation operations that meet the exemption

criteria for coal extraction as an incidental part of government-

financed construction. OAC 460:20-6-2 [30 CFR 707.4] sets out the

State's responsibility for enforcing the requirements of the

regulations. It also provides that persons conducting coal extraction

as an incidental part of government-financed construction are

responsible for keeping specified documentation on the site of the

extraction operation. OAC 460:20-6-3 [30 CFR 707.5] contains

definitions for the terms ``Extraction of coal as an incidental part'';

``Government financing agency''; and ``Government-financed

construction.'' OAC 460:20-6-4 [30 CFR 707.11] specifies that a permit

must be obtained unless the coal extraction is an incidental part of

government-financed construction. OAC 460:20-6-5 [30 CFR 707.12]

specifies the information that must be maintained on the site of the

extraction operation.

Because the proposed regulations are identical in meaning to the

corresponding Federal regulations, the Director finds that they are no

less effective than the Federal regulations. Therefore, the Director is

approving the

[[Page 38382]]

proposed recodification and reinstatement of Oklahoma's regulations at

OAC 460:20-6-1 through 460:20-6-5.

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. No comments

were received.

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.).

None of the revisions that Oklahoma proposed to make in this 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 form EPA (Administrative Record No. OK-974.02). EPA

did not respond to OSM's request.

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit

comments on proposed amendments which may have an effect on historic

properties from the SHPO and ACHP. OSM solicited comments on the

proposed amendment from the SHPO and ACHP (Administrative Record No.

OK-974.02). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

Based on the above findings, the Director approves the proposed

amendment as submitted by Oklahoma on April 26, 1996.

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 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (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.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 3, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, 30 CFR Part 936 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 (r) to read as

follows:

Sec. 936.15 Approval of regulatory program amendments.

* * * * *

(r) The additions of OAC 460:20-6-1 through 460:20-6-5 to the

Oklahoma Coal Rules and Regulations, concerning an exemption for coal

extraction incidental to government-financed or other construction as

submitted to OSM on April 26, 1996, are approved effective July 24,

1996.

[FR Doc. 96-18611 Filed 7-23-96; 8:45 am]

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