[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23825]
[[Page Unknown]]
[Federal Register: September 27, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
Oklahoma Regulatory Program
agency: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
action: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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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 recodification of Oklahoma's coal
mining rules and revisions to the rules pertaining to reclamation plan
requirements for ponds, impoundments, banks, dams, and embankments;
road systems; subsidence control plans; transportation facilities;
requirements for releasing performance bonds; hydrologic balance
requirements for siltation structures; revegetation standards for
success; subsidence control; soil removal requirements for prime
farmland; soil stockpiling requirements for prime farmland; and soil
replacement requirements for prime farmland. 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
27, 1994. If requested, a public hearing on the proposed amendment will
be held on October 24, 1994. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., c.d.t. on October 12, 1994. 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.
addresses: Written comments should be mailed or hand delivered to James
H. Moncrief 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.
James H. Moncrief, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 E. Skelly Drive, Suite 550,
Tulsa, Oklahoma 74135
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,
Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859
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. Proposed Amendment
By letter dated September 14, 1994, Oklahoma submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
OK-963). Oklahoma submitted the proposed amendment with the intention
of revising the Oklahoma program to be consistent with the
corresponding Federal regulations.
Oklahoma proposes to recodify its rules according to the standards
set forth by the Oklahoma State Legislature and the Office of
Administrative Code. The proposed recodification revises the Oklahoma
rules from series 816 for surface coal mining operations and series 817
for underground coal mining operations to series 460 with underlying
chapters and subchapters specifying the various surface and underground
coal mining provisions.
In addition, Oklahoma proposes to revise the Oklahoma Coal Rules
and Regulations at Secs. 780.25 and 784.16, reclamation plan for ponds,
impoundments, banks, dams, and embankments; Sec. 780.37, road systems;
Sec. 784.20, subsidence control plans; Sec. 784.24, transportation
facilities; section 800.40, requirement to release performance bonds;
Secs. 816.46 and 817.46, hydrologic balance and siltation structures;
Sec. 816.116, revegetation success standards; Sec. 816.121, subsidence
control; Sec. 823.12, prime farmland soil removal; Sec. 823.13, prime
farmland soil stockpiling; and Sec. 823.14, prime farmland soil
replacement.
More specifically, Oklahoma proposes the following revisions. It
proposes to revise Secs. 780.25 and 784.16, regarding the reclamation
plan requirements for ponds, impoundments, banks, dams, and
embankments, by deleting language allowing professional geologists and
qualified, registered professional land surveyors to certify plans and
detailed designs. In addition, Oklahoma proposes in both provisions to
replace the phrase ``regulatory authority' with the term
``Department.''
Oklahoma proposes to revise Sec. 780.37, regarding road systems, by
deleting language allowing qualified, registered professional land
surveyors to certify plans and drawings for primary roads.
Oklahoma proposes to revise Sec. 784.20, regarding subsidence
control plans, by removing the phrase ``to the extent required under
State law'' from the requirement that a permit application include a
subsidence control plan containing a description of the measures to be
taken to mitigate or remedy any subsidence-related material to, or
diminution in value or reasonable foreseeable use of structures or
facilities.
Oklahoma proposes to revise Sec. 784.24, regarding transportation
facilities, by deleting language allowing qualified, registered
professional land surveyors to certify plans and drawings for primary
roads.
Oklahoma proposes to revise Sec. 800.40, regarding the requirement
to release performance bonds, by providing that the Department may
arrange with the permittee to allow access to the permit area upon
request by any person with an interest in bond release, for the purpose
of gathering information relevant to the proceeding.
Oklahoma proposes to revise Secs. 816.46 and 817.46, regarding the
hydrologic balance requirements for siltation structures, by (1)
striking a cross-reference to provisions that grant authority to
qualified, registered professional land surveyors to certify plans and
detailed designs for ponds, impoundments, banks, dams, and embankments;
and (2) adding language to require that the qualified, registered
professional engineer or land surveyor certifying the construction of
siltation structures shall have experience in pond construction.
Oklahoma proposes to revise Sec. 816.116, regarding revegetation
success standards, to require that prior to approving selective
husbandry practices, the Department must obtain the approval of the
Director of the Office of Surface Mining that such practices are normal
husbandry practices.
Oklahoma proposes to revise Sec. 816.121, regarding subsidence
control, by deleting the phrase ``to the extent required under
applicable provisions of State law'' from the requirement to correct
material damage resulting from subsidence.
Oklahoma proposes to revise Sec. 823.12, regarding soil stockpiling
requirements for prime farmland, to include the E horizon in the
description of topsoil for prime farmland. In addition, Oklahoma
proposes to delete the phrase ``an equal or'' from the requirement that
a final soil have a greater productive capacity than that which existed
prior to mining.
Lastly, Oklahoma proposes to revise sections 823.13 and 823.14,
regarding soil stockpiling and soil replacement requirements for prime
farmland, to include the E horizon in the description of topsoil for
prime farmland.
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.
1. 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.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.d.t., on October 12, 1994. The location and time of the hearing will
be arranged with those persons requesting the hearing. If no one
requests an opportunity to testify at the public 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 testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify 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
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the administrative record.
IV. Procedural Determinations
1. 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).
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 12550) 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 that 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.
V. List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 20, 1994.
Russell F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-23825 Filed 9-20-94; 8:45 am]
BILLING CODE 4310-05-M