Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-024-FOR]

Oklahoma Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the

Oklahoma regulatory program (hereinafter the ``Oklahoma program'')

under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).

The proposed amendment consists of revisions to and/or additions of

regulations pertaining to definitions; reclamation plan: siltation

structures, impoundments, banks, dams, and embankments; permit

variances from approximate original contour restoration requirements;

small operator assistance; bond release applications; hydrologic

balance: siltation structures; disposal of excess spoil: preexisting

benches; coal mine waste: general requirements; state inspections and

monitoring; and request for hearing. The amendment is intended to

revise the Oklahoma program to be consistent with the corresponding

Federal regulations.

This document set 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 4:00 p.m., c.s.t., February

5, 1998. If requested, a public hearing on the proposed amendment will

be held on February 2, 1998. Requests to speck at the hearing must be

received by 4:00 p.m., c.s.t., on January 21, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Michael C. Wolfrom, Director, Tulsa

Field Office, at the address listed below.

Copies of the Oklahoma program, the proposed amendment, a listing

of any scheduled public hearings, 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.

Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface

Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,

Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.

Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,

Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa

Field Office, 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. 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. Description of the Proposed Amendment

By letter dated December 18, 1997 (Administrative Record No. OK-

981), Oklahoma submitted a proposed

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amendment to its program pursuant to SMCRA. Oklahoma submitted the

proposed amendment in response to a June 17, 1997, letter

(Administrative Record No. 979) that OSM sent to Oklahoma in accordance

with 30 CFR 732.17(c). Oklahoma proposes to amend the Oklahoma rules.

The full text of the proposed program amendment submitted by Oklahoma

is available for public inspection at the locations listed above under

ADDRESSES. A brief discussion of the proposed amendment is presented

below.

A. 460:20-3-5. Definitions

1. Oklahoma proposes to add a definition for ``other treatment

facilities.''

2. Oklahoma proposes to revise its definition for ``previously

mined area.''

3. Oklahoma proposes to add a definition for ``siltation

structure.''

B. 460:20-27-14. and 460:20-31-9. Reclamation Plan; Ponds,

Impoundments, Banks, Dams, and Embankments

1. In the titles to these sections, Oklahoma proposes to replace

the word ``ponds'' with the words ``siltation structure.''

2. At paragraphs (a), Oklahoma proposes to replace the words

``sedimentation ponds'' with the words ``siltation structure.''

3. At paragraphs (a)(2), Oklahoma proposes to add language that

makes specific references to the U.S. Department of Agriculture, Soil

Conservation Service Technical Release No. 60 criteria for dam

classification and requires compliance with this technical release if

structures meet or exceed the size or other criteria of the Mine Safety

and Health Administration.

4. At paragraphs (b), Oklahoma proposes to change the term

``Sedimentation ponds'' to ``Siltation structures'' throughout these

paragraphs. The State also proposes to make a minor wording changes to

these paragraphs.

C. 460:20-27-14. Reclamation Plan: Ponds, Impoundments, Banks, Dams,

and Embankments

Oklahoma proposes to revise paragraph (f) by deleting the phrase,

``If the structure is 20 feet or higher or impounds more than 20 acre-

feet,'' and replacing it with the phrase, ``If the structure meets the

Class B or C criteria for dams in TR-60 or meets the size or other

criteria of 77.216(a) of this Chapter.''

D. 460:20-31-9. Reclamation Plan: Ponds, Impoundments, Banks, Dams, and

Embankments

Oklahoma proposes to revise paragraph (f) by deleting the phrase,

``If the structure is 20 feet or higher or impounds more than 20 acre-

feet,.''

E. 460:20-33-6. Permits Incorporating Variances from Approximate

Original Contour Restoration Requirements

Oklahoma proposes to revise paragraph (a) to clearly define that

the State may issue a permit for nonmountaintop removal ``steep slope''

mining and that this type of permit includes a variance from the

requirements of certain sections in its regulations.

F. 460:20-35-6. Program Services and Data Requirements

Oklahoma proposes to revise paragraph (a) to read as follows:

(a) To the extent possible with available funds, the program

administrator shall select and pay a qualified laboratory to make the

determination and statement and provide other services referenced in

Subsection (b) of this Section for eligible operators who request

assistance.

G. 460:20-37-15. Requirement to Release Performance Bonds

Oklahoma proposes to add paragraph (a)(3) to read as follows:

(3) The permittee shall include in the application for bond release

a notarized statement which certifies that all applicable reclamation

activities have been accomplished in accordance with the requirements

of the Act, the Department, and the approved reclamation plan. Such

certification shall be submitted for each application or phase of bond

release.

H. 460:20-43-12. and 460:20-45-12. Hydrologic Balance: Siltation

Structures

Oklahoma proposes to delete paragraphs (a)(1) which are definitions

of ``siltation structure'' and to redesignate paragraphs (a)(2) as

paragraphs (a)(1). Oklahoma also proposes to delete paragraphs (a)(3)

which are definitions of ``other treatment facilities.''

I. 460:20-43-27. and 460:20-45-27. Disposal of Excess Spoil:

Preexisting Benches

Oklahoma proposes to revise paragraphs (c) to require the designs

to be certified by a registered professional engineer. The spoil shall

also be placed on the solid portion of the bench in a controlled manner

and concurrently compacted as necessary to attain a long-term static

safety factor of 1.3 for all portions of the fill. Any spoil deposited

on any fill of the bench will be treated as excess spoil fill under

20:43-24.

J. 460:20-43-29. and 460:20-45-29. Coal Mine Waste: General

Requirements

Oklahoma proposes to revise paragraphs (a) by adding the phrase

``disposed of in an area other than the mine workings or excavations.''

K. 460:20-57-2. State Inspections and Monitoring

1. Oklahoma proposes to revise paragraph (g)(2) by deleting the

words, ``or the Office.''

2. Oklahoma proposes to revise paragraph (g)(4) by deleting the

phrase, ``or permit revocation proceedings have been initiated and are

being pursued diligently;.''

3. Oklahoma proposes to revise paragraph (h)(1) to require that the

State inspect each abandoned coal mine site on a set frequency

commensurate with the public health and safety and environmental

considerations present at each specific site.

In no case shall the inspection frequency be set at less than one

complete inspection per calendar year. Oklahoma also proposes

procedures for selecting the inspection frequency for each site.

L. 460:20-61-11. Request for Hearing

Oklahoma proposes to revise paragraph (a) by changing from 15 days

to 30 days the amount of time a person has to submit a petition for

requesting a hearing after the date of service of the conference

officer's action.

M. Regulations With Editorial Changes

Oklahoma proposes to make citation corrections at 460:20-27-7 and

460:20-31-16, Operation plan: Maps and plans.

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 to 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

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final rulemaking or included in the Administrative Record.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

c.s.t. on January 21, 1998. The location and time of the hearing will

be arranged will be arranged with those persons requesting the hearing.

Any disabled individual who has need for a special accommodation to

attend a public hearing should contact the individual listed under FOR

FURTHER INFORMATION CONTACT. If no one requests an opportunity to speak

at the public hearing the 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 speak have been heard. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak have been heard.

Public Meeting

If only one person requests an opportunity to speak 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

location listed under ADDRESSES. A written summary of each meeting will

be made a part of the Administrative Record.

IV. 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

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.

Unfunded Mandates

OSM has determined and certifies pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a

cost of $100 million or more in any given year on local, state, or

tribal governments or private entities.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: December 29, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-177 Filed 1-05-97; 8:45 am]

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