[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Proposed Rules]
[Pages 454-456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-177]


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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

[[Page 455]]

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

[[Page 456]]

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]
BILLING CODE 4310-05-M