[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Proposed Rules]
[Pages 65149-65152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31414]
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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; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of revisions to and other
explanatory information about a previously proposed amendment to the
Oklahoma regulatory program (Oklahoma program) under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The revisions and
explanatory information concern definitions, permitting requirements,
small operator assistance program, performance standards, inspection
and enforcement procedures, and corrections of reference citations and
typographical errors. Oklahoma intends to revise its program to be
consistent with the corresponding Federal regulations.
DATES: We will accept written comments until 4:00 p.m., c.s.t.,
December 10, 1998.
ADDRESSES: You should mail or hand deliver written comments to Michael
C. Wolfrom, Director, Tulsa Field Office at the address listed below.
You may review copies of the Oklahoma program, the amendment, and
all written comments received in response to this document at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. You may receive one free copy of the
amendment by contacting OSM's Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining, 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. Internet:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. You can find background information on
the Oklahoma program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the January
19, 1981, Federal Register (46 FR 4902). You can find later actions on
the Oklahoma program at 30 CFR 936.15 and 936.16.
II. Discussion of the Proposed Amendment
By letter dated December 18, 1997 (Administrative Record No. OK-
981), Oklahoma sent us an amendment to its
[[Page 65150]]
program under SMCRA. Oklahoma sent the amendment in response to a
letter dated June 17, 1997 (Administrative Record No. OK-979), that we
sent to Oklahoma under 30 CFR 732.17(c). We announced receipt of the
proposed amendment in the January 6, 1998, Federal Register (63 FR 454)
and invited public comment on its adequacy. The public comment period
ended February 5, 1998.
During our review of the amendment, we identified concerns relating
to definitions, permitting requirements, small operator assistance
program, performance standards, inspection and enforcement procedures,
and corrections of reference citations and typographical errors. We
notified Oklahoma of the concerns by facsimiles dated June 5 and 30,
and October 21, 1998 (Administrative Record Nos. OK-981.13, OK-981.08,
and OK-981.11). On June 22, August 10, September 24, and November 5,
1998, Oklahoma sent us a revised amendment or additional explanatory
information (Administrative Record Nos. OK-981.06, OK-981.09, OK-
981.10, and OK-981.12, respectively).
Oklahoma proposes to correct any incorrect reference citations and
any typographical errors throughout the proposed amendment. Also,
Oklahoma submitted additional revisions or other explanatory
information for the following provisions of the amendment:
1. OAC 460:20-3-5. Definitions
Oklahoma proposes to revise the definitions for ``other treatment
facilities'' and ``previously mined areas.''
2. OAC 460:20-27-14. Reclamation plan: siltation structures,
impoundments, banks, dams, and embankments (Surface Mining Activities)
a. Oklahoma proposes to revise paragraph (a)(3) so that structures
that do not meet the size or other criteria of 30 CFR 77.216(a) or the
Class B or C criteria for dams in the U.S. Department of Agriculture
Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct.
1985), ``Earth Dams and Reservoirs,'' Technical Release No. 60 (TR-60)
are not subject to the regulations in paragraphs (a)(3)(A)-(3)(D).
b. Oklahoma proposes to revise paragraph (c)(3) regarding permanent
and temporary impoundments to read as follows:
(3) For an impoundment not meeting the size or other criteria of
30 CFR 77.216(a) or the Class B or C criteria for dams in TR-60,
(210-VI-TR60, Oct. 1985), ``Earth Dams and Reservoirs,'' or located
where failure would not be expected to cause loss of life or serious
property damage, the Department may establish through the State
program approval process engineering design standards that ensure
stability comparable to a 1.3 minimum static safety factor in lieu
of engineering tests to establish compliance with the minimum static
safety factor of 1.3 specified in Section 460:20-43-14(a)(3)(B) of
this Chapter.
c. Oklahoma proposes to revise paragraph (f) regarding stability
analysis so that it also applies to structures meeting the Class B or C
criteria for dams in TR-60 or other criteria of 30 CFR 77.216(a).
3. OAC 460:20-31-9. Reclamation plan: siltation structures,
impoundments, banks, dams, and embankments (Underground Mining
Activities)
a. Oklahoma proposes to revise paragraph (a)(3) so that structures
that do not meet the size or other criteria of 30 CFR 77.216(a) or the
Class B or C criteria for dams in the U.S. Department of Agriculture
Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct.
1985), ``Earth Dams and Reservoirs'' Technical Release No. 60 (TR-60)
are not subject to the regulations in paragraphs (a)(3)(A) through
(3)(D).
b. Oklahoma proposes to revise paragraph (c)(2) to read as follows:
(2) For an impoundment not meeting the size or other criteria of
30 CFR 77.216(a) or the Class B or C criteria for dams in TR-60,
(210-VI-TR60, Oct. 1985) ``Earth Dams and Reservoirs'' TR60, or
located where failure would not be expected to cause loss of life or
serious property damage, the Department may establish through the
State program approval process engineering design standards that
ensure stability comparable to a 1.3 minimum static safety factor in
lieu of engineering tests to establish compliance with the minimum
static safety factor of 1.3 specified in Section 460:20-45-
14(a)(3)(B) of this Chapter.
c. Oklahoma proposes to revise paragraph (f) Stability analysis to
read as follows:
(f) Stability analysis. If the structure meets Class B or C
criteria for dams in TR-60 or the size or other criteria of 30 CFR
77.216(a) then each plan under Subsections (b), (c), and (e) of this
Section shall include a stability analysis of each structure. The
stability analysis shall include, but not limited to, strength
parameters, pore pressures, and long-term seepage conditions. The
plan shall also contain a description of each engineering design
assumption and calculation with a discussion of each alternative
considered in selecting the specific design parameters and
construction methods.
4. OAC 460:20-31-16. Operation plan: Maps and plans (Underground Mining
Activities)
Oklahoma proposes to redesignate paragraphs (a) through (c) as
paragraphs (1) through (3) and to redesignate paragraphs (b)(1) through
(b)(13) as paragraphs (2)(A) through (2)(M).
5. OAC 460:20-35-6. Program services and data requirements
Oklahoma proposes to revise paragraphs (b)(3) through (b)(6) to
read as follows:
(3) The collection of archaeological and historical information
required by Section 460:20-25-5(b), 460:20-29-5(2), 460:20-27-17 and
460:20-31-10 and any other archaeological and historical information
required by the Department, and the preparation of plans
necessitated thereby; and (4) The collection of site-specific
resource information and production of protection and enhancement
plans for fish and wildlife habitats and other environmental values
and plans required by the Department under Section 460:20-27-9,
460:20-31-14, and any other applicable regulations; and (5) Pre-
blast surveys if required under Section 460:20-43-19; and (6) The
development of cross-section maps and plans required under Section
460:20-25-11, 460:20-29-11, and any other applicable regulation.
6. OAC 460:20-35-7. Applicant liability
In paragraph (a), Oklahoma proposes to remove the word
``laboratory'' so that applicants are responsible, under certain
conditions, for reimbursing the Department for any services rendered
under Subchapter 460:20-35 and not just for those pertaining to
laboratory services.
7. OAC 460:20-35-8. Assistance funding
Oklahoma proposes to add this new section to read as follows:
(a) Use of funds. Funds specifically authorized for this program
shall be used to provide the services specified in 460:20-35-6 of
this Subchapter and shall not be used to cover administrative
expenses.
(b) Allocation of funds. The program administrator shall
establish a formula for allocating funds to provide services for
eligible small operators if available funds are less than those
required to provide the services pursuant to this Subchapter.
8. OAC 460:20-43-12. Hydrologic balance: siltation structures (Surface
Mining Activities)
Oklahoma proposes to combine paragraph (a)(1) with paragraph (a)
and to redesignate existing paragraphs (a)(2)(A) and (a)(2)(B) as new
paragraphs (a)(1) and (a)(2).
[[Page 65151]]
9. OAC 460:20-43-14. Impoundments (Surface Mining Activities)
a. Oklahoma proposes to add new paragraph (a)(1) to specify that
impoundments meeting the Class B or C criteria for dams in the U.S.
Department of Agriculture, Soil Conservation Service Technical Release
No. 60 (210-VI-TR60, Oct. 1985) must comply with the ``Minimum
Emergency Spillway Hydrologic Criteria'' table in TR-60 and the
requirements of section 460:20-43-14.
b. Oklahoma proposes to redesignate existing paragraphs (a)(1)
through (a)(12) as new paragraphs (a)(2) through (a)(13).
c. Oklahoma proposes to revise new paragraph (a)(2) to read as
follows:
(2) Impoundments meeting the criteria of 30 CFR 77.216(a) shall
comply with the requirements of 30 CFR Section 77.216 and this
section. The plan required to be submitted to the District Manager
of MSHA under 30 CFR Section 77.216 shall also be submitted to the
Department as part of the permit application.
d. Oklahoma proposes to revise new paragraph (a)(4)(A) to include
impoundments meeting the Class B or C criteria for dams in TR-60.
e. Oklahoma proposes to revise new paragraph (a)(4)(B) to read as
follows:
(B) Impoundments not included in Subsection (a)(4)(A) of this
Section, except for a coal mine waste impounding structure, or
located where failure would not be expected to cause loss of life or
serious property damage shall have a minimum static safety factor of
1.3 for a normal pool with steady state seepage saturation
conditions or meet the requirements of Section 460:20-27-14(c)(3).
f. The State proposes to revise new paragraph (a)(5) to require
impoundments that meet the Class B or C criteria for dams in TR-60 to
comply with the freeboard hydrograph criteria in the ``Minimum
Emergency Spillway Hydrologic Criteria'' table in TR-60.
g. Oklahoma proposes to revise new paragraph (a)(6)(A) to require
impoundments that meet the Class B or C criteria for dams in TR-60 or
the size or other criteria of 30 CFR 77.216(a) to be stable under all
conditions of construction and operation. The impoundments must also be
designed based on accurate and adequate information on the foundation
conditions. In addition, the State requires sufficient foundation
investigations and laboratory testing of foundation materials in order
to determine the design requirements for foundation stability.
h. Oklahoma proposes to revise new paragraph (a)(9)(B)(i)-(iii) to
read as follows:
(i) For an impoundment meeting the Class B or C criteria for
dams in TR-60, the emergency spillway hydrograph criteria in the
``Minimum Emergency Spillway Hydrologic Criteria'' table in TR-60,
or greater event as specified by the Department.
(ii) For an impoundment meeting or exceeding the size or other
criteria of 30 CFR 77.216(a), a 100-year 6-hour event, or greater
event as specified by the Department.
(iii) For an impoundment not meeting the requirements of
Subsection (a)(9)(B)(i) or (ii) if this Section, a 25-year 6-hour
event, or greater event as specified by the Department.
i. Oklahoma proposes to revise new paragraph (a)(11)(D) to allow
qualified registered professional land surveyors to inspect any
temporary or permanent impoundment that does not meet the SCS Class B
or C criteria for dams in TR-60 or the size or other criteria of 30 CFR
77.216(a).
j. Oklahoma proposes to revise new paragraph (a)(12) to require
impoundments meeting the SCS Class B or C criteria for dams in TR-60 or
other criteria of 30 CFR 77.216 to be examined in accordance with 30
CFR 77.216-3.
k. Oklahoma proposes to revise paragraph (c)(2)(A) and (B) to read
as follows:
(A) In the case of an impoundment meeting the SCS Class B or C
criteria for dams in TR-60, or other size or other criteria of
Section 77.216(a) of 30 CFR , it is designed to control the
precipitation of the probable maximum precipitation of a 6-hour
event, or greater event as specified by the Department, or
(B) In the case of an impoundment not included in Subsection
(c)(2)(A) of this Section it shall be designed to control the
precipitation of a 100-year 6-hour event, or greater event as
specified by the Department.
10. OAC 460:20-43-29. Coal mine waste: general requirements (Surface
Mining Activities)
Oklahoma proposes to revise paragraph (a) to include that coal mine
waste be hauled or conveyed and placed for final placement in a
controlled manner.
11. OAC 460:20-43-39. Backfilling and grading: thin overburden (Surface
Mining Activities)
Oklahoma proposes to revise paragraph (a) to read as follows:
(a) Definition. Thin overburden means insufficient spoil and
other waste materials available from the entire permit area to
restore the disturbed area to its approximate original contour.
Insufficient spoil and other waste materials occur where the
overburden thickness times the swell factor, plus the thickness of
other available waste materials, is less than the combined thickness
of the overburden and the coal bed prior to removing the coal, so
that after backfilling and grading the surface configuration of the
reclaimed area would not:
12. OAC 460:20-45-12. Hydrologic balance: siltation structures
(Underground Mining Activities)
Oklahoma proposes to combine paragraph (a)(1) with paragraph (a)
and to redesignate existing paragraphs (a)(1)(A) and (a)(1)(B) as new
paragraphs (a)(1) and (a)(2).
13. OAC 460:20-45-14. Impoundments (Underground Mining Activities)
a. Oklahoma proposes to add new paragraph (a)(1) to specify that
impoundments meeting the Class B or C criteria for dams in the U.S.
Department of Agriculture, Soil Conservation Service Technical Release
No. 60 (210-VI-TR60, Oct. 1985) must comply with the ``Minimum
Emergency Spillway Hydrologic Criteria'' table in TR-60 and the
requirements of section 460:20-45-14.
b. Oklahoma proposes to redesignate existing paragraphs (a)(1)
through (a)(12) as new paragraphs (a)(2) through (a)(13).
c. Oklahoma proposes to revise new paragraph (a)(2) to read as
follows:
(2) Impoundments meeting the criteria of 30 CFR 77.216(a) shall
comply with the requirements of 30 CFR Section 77.216 and this
section. The plan required to be submitted to the District Manager
of MSHA under 30 CFR Section 77.216 shall also be submitted to the
Department as part of the permit application.
d. Oklahoma proposes to revise new paragraph (a)(4)(A) to include
impoundments meeting the Class B or C criteria for dams in TR-60.
e. Oklahoma proposes to revise paragraph (a)(4)(B) to read as
follows:
(B) Impoundments not included in Subsection (a)(4)(A) of this
Section, except for a coal mine waste impounding structure, or
located where failure would not be expected to cause loss of life or
serious property damage shall have a minimum static safety factor of
1.3 for a normal pool with steady state seepage saturation
conditions or meet the requirements of Section 460:20-31-9(c)(2).
f. The State proposes to revise new paragraph (a)(5) to require
impoundments that meet the Class B or C criteria for dams in TR-60 to
comply with the freeboard hydrograph criteria in the ``Minimum
Emergency Spillway Hydrologic Criteria'' table in TR-60.
g. Oklahoma proposes to revise new paragraph (a)(6)(A) to require
impoundments that meet the Class B or C criteria for dams in TR-60 or
the size or other criteria of 30 CFR 77.216(a) to be stable under all
conditions of construction and operation. These impoundments must also
be designed based on accurate and adequate information on the
foundation
[[Page 65152]]
conditions. In addition, the State requires sufficient foundation
investigations and laboratory testing of foundation materials in order
to determine the design requirements for foundation stability.
h. Oklahoma proposes to revise new paragraph (a)(9)(B)(i)-(iii) to
read as follows:
(i) For an impoundment meeting the Class B or C criteria for
dams in TR-60, the emergency spillway hydrograph criteria in the
``Minimum Emergency Spillway Hydrologic Criteria'' table in TR-60,
or greater event as specified by the Department.
(ii) For an impoundment meeting or exceeding the size or other
criteria of 30 CFR 77.216(a), a 100-year 6-hour event, or greater
event as specified by the Department.
(iii) For an impoundment not included in Subsections
(a)(9)(B)(i) or (ii), a 25-year 6-hour event, or greater event as
specified by the Department.
i. Oklahoma proposes to revise new paragraph (a)(11)(D) to allow
qualified registered professional land surveyors to inspect any
temporary or permanent impoundment that does not meet the SCS Class B
or C criteria for dams in TR-60 or the size or other criteria of 30 CFR
77.216(a).
j. Oklahoma proposes to revise new paragraph (a)(12) to require
impoundments meeting the SCS Class B or C criteria for dams in TR-60 or
other criteria of 30 CFR 77.216 to be examined in accordance with 30
CFR 77.216-3.
k. Oklahoma proposes to revise paragraph (c)(2)(A) and (B) to read
as follows:
(A) In the case of an impoundment meeting the SCS Class B or C
criteria for dams in TR-60, or the size or other criteria of Section
77.216(a) of 30 CFR , it shall be designed to control the
precipitation of the probable maximum precipitation of a 6-hour
event, or greater event as specified by the Department, or
(B) In the case of an impoundment not included in Subsection
(c)(2)(A) of this Section it shall be designed to control the
precipitation of a 100-year 6-hour event, or greater event as
specified by the Department.
14. OAC 460:20-45-27. Disposal of excess spoil: preexisting benches
(Underground Mining Activities)
Oklahoma proposes to revise paragraph (c) to include that fills be
designed and constructed using current, prudent engineering practices.
15. OAC 460:20-45-29. Coal mine waste: general requirements
(Underground Mining Activities)
Oklahoma proposes to revise paragraph (a) to include that coal mine
waste be hauled or conveyed and placed for final placement in a
controlled manner.
16. OAC 460:20-57-2. State inspections and monitoring
Oklahoma proposes to revise paragraph (h)(1)(C) to read as follows:
(C) Whether, and to what extent, there exist on the site
impoundments, earthen structures or other conditions that pose, or
may reasonably be expected to ripen into, imminent dangers to the
health or safety of the public or significant environmental harms to
land, air, or water resources;
III. Public Comment Procedures
We are reopening the comment period on the proposed Oklahoma
program amendment to provide the public an opportunity to reconsider
whether the proposed amendment is adequate in light of the additional
materials submitted. Under the provisions of 30 CFR 732.17(h), we are
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If we approve
the amendment, it will become part of the Oklahoma program.
Written Comments
Your written comments must be specific and pertain only to the
issues proposed in this rulemaking. You must explain the reason for any
recommended change. In the final rulemaking, we will not necessarily
consider or include in the Administrative Record comments received
after the time indicated under DATES or at locations other than the
Tulsa Field Office.
IV. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from
review 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 published 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 State regulatory
programs and program amendments 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
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on 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
corresponding 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. Therefore, this rule will ensure that existing requirements
previously published 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 corresponding Federal regulations.
Unfunded Mandates
OSM has determined and certifies under 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: November 18, 1998.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-31414 Filed 11-24-98; 8:45 am]
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