Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 936

[SPATS No. OK-019-FOR]

Oklahoma Regulatory Program

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

Interior.

ACTION: Proposed Rule; Reopening and Extension of Public Comment Period

on Proposed Amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a

previously 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). The revisions for

Oklahoma's proposed amendment pertain to repair or compensation for

material damage resulting from subsidence caused by underground coal

mining operations and to replacement of water supplies adversely

impacted by underground coal mining operations. The amendment is

intended to revise the Oklahoma program to be consistent with the

corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.d.t., October

4, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to Jack

R. Carson, Acting Director, Tulsa Field Office at the address listed

below.

Copies of the Oklahoma program, the proposed amendment, 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.

Jack R. Carson, Acting 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:

Jack R. Carson, Acting Director, Tulsa Field Office, Telephone: (918)

581-6430.

a 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:

Jack R. Carson, Acting Director, Tulsa Field Office, Telephone: (918)

581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

II. Discussion of the Proposed Amendment

III. Public Comment Procedures

IV. 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. Discussion of the Proposed Amendment

By letter dated July 17, 1996 (Administrative Record No. OK-975),

Oklahoma submitted a proposed amendment to its program pursuant to

SMCRA. Oklahoma submitted the proposed amendment in response to a May

20, 1996, letter (Administrative Record No. OK-976) that OSM sent to

Oklahoma in accordance with 30 CFR 732.17(c). The provisions of the

Oklahoma Administrative Code (OAC) that Oklahoma proposes to amend are

OAC 460:20-3-5, Definitions; OAC 460:20-31-7, Hydrologic information;

OAC 460:20-31-13, Subsidence control plan; OAC 460:20-45-8, Hydrologic-

balance protection; and OAC 460:20-45-47, Subsidence control.

OSM announced receipt of the proposed amendment in the August 2,

1996, Federal Register (61 FR 40369) and invited public comment on its

adequacy. The public comment period ended September 3, 1996.

During its review of the amendment, OSM identified a concern

relating to OAC 460:20-3-5, Definitions

plan; OAC 460:20-45-8, Hydrologic-

balance protection; and OAC 460:20-45-47, Subsidence control.

OSM announced receipt of the proposed amendment in the August 2,

1996, Federal Register (61 FR 40369) and invited public comment on its

adequacy. The public comment period ended September 3, 1996.

During its review of the amendment, OSM identified a concern

relating to OAC 460:20-3-5, Definitions. Oklahoma had not proposed a

definition for ``occupied residential dwelling and structures related

thereto.'' This definition was required in OSM's May 20, 1996, letter

to Oklahoma. OSM notified Oklahoma of this concern by letter dated

August 20, 1996 (Administrative Record No. 975.07). Oklahoma responded

in a letter dated August 28, 1996 (Administrative Record No. 975.06, by

submitting a revised amendment which contained the missing definition.

Specifically, Oklahoma proposes to add the following definition at

OAC 460:20-3-5.

``Occupied residential dwelling and structures'' means for

purposes of 460:20-31-13 and 460:20-45-47, any building or other

structure that, at the time the subsidence occurs, is used either

temporarily, occasionally, seasonally, or permanently for human

habitation. This term also includes: (A) Any building, structure or

facility installed on, above or below, or a combination thereof, the

land surface if that building, structure or facility is adjunct to

or used in connection with an occupied residential dwelling. (B)

Examples of such structures include, but are not limited: (1)

garages; (2) storage sheds and barns; (3) greenhouses and related

buildings; (4) utilities and cables; (5) fences and other

enclosures; (6) retaining walls; (7) paved or

improved patios; (8) walks and driveways; (9) septic sewage

treatment facilities; (10) and lot drainage and lawn and garden

irrigation systems. (C) Any structure used only for commercial

agricultural, industrial, retail or other commercial purposes is

excluded.

III. Public Comment Procedures

ldings; (4) utilities and cables; (5) fences and other

enclosures; (6) retaining walls; (7) paved or

improved patios; (8) walks and driveways; (9) septic sewage

treatment facilities; (10) and lot drainage and lawn and garden

irrigation systems. (C) Any structure used only for commercial

agricultural, industrial, retail or other commercial purposes is

excluded.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Oklahoma

program amendment to provide the public an opportunity to reconsider

the adequacy of the proposed amendment in light of the additional

materials submitted. In accordance with 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.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

Executive Order 12988

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.

IV. Procedural Determinations

Executive Order 12866

This proposed 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