[Federal Register Volume 63, Number 102 (Thursday, May 28, 1998)]
[Proposed Rules]
[Pages 29174-29176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14055]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-022-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 and additional 
explanatory information 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 and additional explanatory 
information pertain to normal

[[Page 29175]]

husbandry practices and non-augmentative reclamation activities. The 
amendment is intended to revise the Oklahoma program to improve 
operational efficiency.

DATES: Written comments must be received by 4:00 p.m., c.d.t., June 12, 
1998.

ADDRESSES: Written comments 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, 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.

FOR FURTHER INFORMATION CONTACT:
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
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 Oklahoma program can be found at 30 CFR 936.15 and 936.16.

II. Discussion of the Proposed Amendment

    By letter dated July 3, 1997 (Administrative Record No. OK-978), 
Oklahoma submitted a proposed amendment to its program pursuant to 
SMCRA. Oklahoma submitted the proposed amendment at its own initiative. 
Oklahoma proposed to amend the Oklahoma Administrative Code (OAC) for 
surface mining operations at OAC 460:20-43-46(c)(4) and underground 
mining operations at OAC 460:20-45-46(c)(4) by adding criteria for 
normal husbandry practices and non-augmentative reclamation activities 
within the State.
    OSM announced receipt of the proposed amendment in the August 8, 
1997, Federal Register (62 FR 42715) and invited public comment on its 
adequacy. The public comment period ended September 8, 1997.
    During its review of the amendment, OSM identified concerns in OAC 
460:20-43-46(c)(4) and 460:20-45-46(c)(4) relating to the requirement 
that OSM approve normal husbandry practices used in the State; OAC 
460:20-43-46(c)(4)(D) and 460:20-45-46(c)(4)(D) relating to a 
discrepancy between the proposed language and Appendix R of Oklahoma's 
Bond Release Guidelines on the repair of rills and gullies; and OAC 
460:20-43-46(c)(4)(E) and 460:20-45-46(c)(4)(E) relating to the non-
augmentative reclamation activities proposed for temporary structures. 
OSM notified Oklahoma of the concerns by letters dated November 19, 
1997, and March 23, 1998, and via telephone conferences on February 10, 
1998 and March 19, 1998 (Administrative Record Nos. OK-978.05, OK-
978.10, OK-978.06, and OK-978.09, respectively). Oklahoma responded in 
letters dated March 4, 1998, April 22, 1998, April 30, 1998, and May 
13, 1998 (Administrative Record Nos. OK-978.08, OK-978.13, OK-978.14, 
and OK-978.11, respectively), by submitting a revised amendment and 
additional explanatory information.
    Oklahoma is proposing (1) normal husbandry practices for reseeding, 
fertilizing, liming, weed and pest control, mulching, irrigation, 
pruning, transplanting and replanting trees and shrubs, and repair of 
rills and gullies and (2) non-augmentative reclamation activity 
practices for removal and reclamation of temporary structures. 
Summarized below by regulation numbers is a discussion of the revisions 
and additional explanatory information submitted by Oklahoma.
    1. Oklahoma revised the first sentence of OAC 460:20-43-46(c)(4) 
and 460:20-45-46(c)(4) by adding the language ``and non-augmentative 
reclamation activities.'' The revised sentence reads as follows:

    The Department and the Office of Surface Mining have approved 
selective husbandry practices and non-augmentative reclamation 
activities that, when accomplished in accordance with (A) through 
(G) below, do not extend the period of responsibility for 
revegetation success and bond liability.

    In its letter dated April 22, 1998, Oklahoma stated that it 
understands that any normal husbandry practice(s) not included in its 
March 4, 1998, revised amendment will be submitted to OSM for approval 
in accordance with 30 CFR 732.17. In order to support its proposed 
regulations at OAC 460:20-43-46(c)(4) and 460:20-45-46(c)(4), Oklahoma 
submitted several guidelines published by the Oklahoma State University 
and the Natural Resources Conservation Service on the types of 
agricultural practices that will not be considered augmentative.
    2. Oklahoma revised the third sentence of OAC 460:20-43-
46(c)(4)(A), pertaining to surface mining operations, by adding the 
language ``identified at subsection 460:20-43-46(c)(4)(E).'' The 
revised sentence reads as follows:

    Removal and reclamation of temporary structures identified at 
subsection 460:20-43-46(c)(4)(E) would not be considered 
augmentation.

    3. Oklahoma revised the third sentence of OAC 460:20-45-
46(c)(4)(A), pertaining to underground mining operations, by adding the 
language ``identified at subsection 460:20-45-46(c)(4)(E).'' The 
revised sentence reads as follows:

    Removal and reclamation of temporary structures identified at 
subsection 460:20-45-46(c)(4)(E) would not be considered 
augmentation.

    4. Oklahoma revised OAC 460:20-43-46(c)(4)(D) and 460:20-45-
46(c)(4)(D) by removing the language ``during the initial 
establishment'' from the third and fifth sentence and replacing the 
sixth and seventh sentence with the following language:

    After initial vegetation establishment, ODOM defines the 
treatment of rills and gullies requiring permanent reseeding of more 
than 10 acres in a contiguous block or 10% of a permit area 
initially seeded during a single year to be an augmentative practice 
because of the potential for delayed seeding of large areas to 
reduce the probability of revegetation success.

    Oklahoma submitted copies of the Natural Resources Conservation 
Service (NRCS) guidelines for repair of rills and gullies entitled 
``State Standard and Specifications for Critical Area Treatment'' and 
``Critical Area Planting'' to support its proposed regulations at OAC 
460:20-43-46(c)(4)(D) and 460:20-45-46(c)(4)(D).
    5. Oklahoma revised OAC 460:20-43-46(c)(4)(E) and 460:20-45-
46(c)(4)(E), by changing the word ``haulroads'' to ``roads'' and adding 
the language ``remaining after a Phase I Bond Release approval'' to its 
previously proposed

[[Page 29176]]

provision. The revised regulations read as follows:

    Liming, fertilization, mulching, seeding or stocking following 
the reclamation of any temporary roads remaining after a Phase I 
Bond Release approval, temporary sediment or hydraulic control 
structures, areas disturbed by the installation or removal of oil 
and gas wells or utility lines, and areas where the vegetation was 
disturbed by vehicular traffic not under the control of the 
permittee will not be considered augmentation.

    In its letter of April 22, 1998, Oklahoma clarified that its 
proposed regulations at OAC 460:20-43-46(c)(4)(E) and 460:20-45-
46(c)(4)(E) do not approve the reclamation of temporary haul roads 
after Phase I approval as a non-augmentative practice.
    6. Oklahoma is proposing to delete Appendix R and to revise 
Appendix A of its Bond Release Guidelines. Appendix R contains 
Oklahoma's currently approved guidelines for the repair of rills and 
gullies, and it is being replaced by Oklahoma's proposed regulations at 
OAC 460:20-43-46(c)(4)(D) and 460:20-45-46(c)(4)(D). The definition for 
``Augmentation'' in Appendix A is being revised by replacing the 
reference to Appendix R with a reference to OAC 460:20-43-46(c)(4) and 
460:20-45-46(c)(4). The definition of ``Initial Establishment of 
Permanent Vegetative Cover'' is being deleted from Appendix A.

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 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 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

    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), decision 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: May 20, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-14055 Filed 5-27-98; 8:45 am]
BILLING CODE 4310-05-M