[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
