[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Rules and Regulations]
[Pages 38381-38382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18611]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 936
[SPATS No. OK-018-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a 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). Oklahoma proposed to recodify and reinstate regulations
pertaining to an exemption for coal extraction incidental to
government-financed or other construction. The amendment is intended to
revise the Oklahoma program to be consistent with the corresponding
Federal regulations.
EFFECTIVE DATE: July 24, 1996.
FOR FURTHER INFORMATION CONTACT:
Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6548, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. 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 conditions of approval and program amendments can be found at 30
CFR 936.15 and 936.16.
II. Submission of the Proposed Amendment
By letter dated April 26, 1996 (Administrative Record No. OK-974),
Oklahoma submitted a proposed amendment to its program pursuant to
SMCRA. Oklahoma submitted the proposed amendment at its own initiative.
Oklahoma, in accordance with the standards set forth by the Oklahoma
State Legislature and the Oklahoma Office of Administrative Code,
proposed to recodify and reinstate regulations pertaining to an
exemption for coal extraction incidental to government-financed or
other construction at Oklahoma Administrative Code (OAC) 460, Chapter
20, Subchapter 6 as follows: OAC 460:20-6-1, Purpose; 460:20-6-2,
Responsibility; 460:20-6-3, Definitions; 460:20-6-4, Applicability; and
460:20-6-5, Information to be maintained on site. These regulations
were previously codified as Part 707, and they were inadvertently
omitted from the Oklahoma program during Oklahoma's promulgation of its
regulations after a previous rulemaking.
OSM announced receipt of the proposed amendment in the May 21,
1996, Federal Register (61 FR 25426), and in the same document opened
the public comment period and provided and opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on June 20, 1996.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
OAC 460:20-6-1 through 460:20-6-5 Exemption for Coal Extraction
Incidental to Government-Financed or Other Construction
The proposed regulations contain language that is substantively
identical to the provisions of the corresponding Federal regulations
shown in brackets. OAC 460:20-6-1 [30 CFR 707.1] specifies the purpose
of the regulations as establishing procedures for determining those
surface coal mining and reclamation operations that meet the exemption
criteria for coal extraction as an incidental part of government-
financed construction. OAC 460:20-6-2 [30 CFR 707.4] sets out the
State's responsibility for enforcing the requirements of the
regulations. It also provides that persons conducting coal extraction
as an incidental part of government-financed construction are
responsible for keeping specified documentation on the site of the
extraction operation. OAC 460:20-6-3 [30 CFR 707.5] contains
definitions for the terms ``Extraction of coal as an incidental part'';
``Government financing agency''; and ``Government-financed
construction.'' OAC 460:20-6-4 [30 CFR 707.11] specifies that a permit
must be obtained unless the coal extraction is an incidental part of
government-financed construction. OAC 460:20-6-5 [30 CFR 707.12]
specifies the information that must be maintained on the site of the
extraction operation.
Because the proposed regulations are identical in meaning to the
corresponding Federal regulations, the Director finds that they are no
less effective than the Federal regulations. Therefore, the Director is
approving the
[[Page 38382]]
proposed recodification and reinstatement of Oklahoma's regulations at
OAC 460:20-6-1 through 460:20-6-5.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Oklahoma program. No comments
were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
None of the revisions that Oklahoma proposed to make in this amendment
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment form EPA (Administrative Record No. OK-974.02). EPA
did not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
OK-974.02). Neither SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Oklahoma on April 26, 1996.
The Federal regulations at 30 CFR Part 936, codifying decisions
concerning the Oklahoma program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. 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
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. 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 corresponding Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 3, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 936 is amended
as set forth below:
PART 936--OKLAHOMA
1. The authority citation for Part 936 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 936.15 is amended by adding paragraph (r) to read as
follows:
Sec. 936.15 Approval of regulatory program amendments.
* * * * *
(r) The additions of OAC 460:20-6-1 through 460:20-6-5 to the
Oklahoma Coal Rules and Regulations, concerning an exemption for coal
extraction incidental to government-financed or other construction as
submitted to OSM on April 26, 1996, are approved effective July 24,
1996.
[FR Doc. 96-18611 Filed 7-23-96; 8:45 am]
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