[Federal Register Volume 59, Number 152 (Tuesday, August 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19363]
[[Page Unknown]]
[Federal Register: August 9, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 936
Oklahoma Regulatory Program
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, the ``Oklahoma
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment pertains to revegetation success
standards and statistically valid sampling techniques, and guidelines
for phase I, II, and III bond release. 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. August
24, 1994.
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 East Skelly Drive, Suite 550,
Tulsa, Oklahoma 74135.
Oklahoma Department of Mines, 4040 N. Lincoln Boulevard, 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 February 17, 1994, Oklahoma submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
OK-959.01). Oklahoma submitted the proposed amendment in response to
the required program amendments at 30 CFR 936.16(a) through (i).
Oklahoma proposed to amend the Bond Release Guidelines that are
referenced in subsections 816.116(a) and 817.116(a) of the Oklahoma
rules.
OSM announced receipt of the proposed amendment in the March 8,
1994, Federal Register (59 FR page number 10770), provided an
opportunity for a public hearing or meeting on its substantive
adequacy, and invited public comment on its adequacy (administrative
record No. OK-959.06). Because no one requested a public hearing or
meeting, none was held. The public comment period ended on April 7,
1994.
During its review of the amendment, OSM identified concerns with
Oklahoma's proposed revisions to the Bond Release Guidelines.
Specifically, OSM identified concerns relating to (1) sections I.E.3,
I.F.3, II.A, and III.A, the need to establish a method to determine
revegetation success standards for diversity, seasonality, permanence,
and regeneration; (2) Appendix O, the method for calculating a
technical productivity standard for success of revegetation on soils
reclaimed for use as pastureland, grazingland, and grain and hay
cropland on both prime and nonprime farmland; (3) subsection V.B.2.d,
phase II bond release requirements for the use of test plots to
demonstrate productivity on reclaimed prime farmland; and (4) Appendix
R, the repair of rills and gullies as normal husbandry practice. In
addition, OSM identified certain editorial concerns relating to (1)
subsection I.F.5.b, phase III bond release requirements for permanent
drainage control facilities; (2) subsection V.B.2.e, the reference to
Appendix O for the method to calculate a technical productivity
standard on prime farmland for phase II bond release; and (3) Appendix
J, the example calculation for a minimum adequate sample size.
OSM notified Oklahoma of these concerns by letter dated May 20,
1994 (administrative record No. OK-959.10). Oklahoma responded in a
letter dated July 21, 1994, by submitting a revised amendment and
additional explanatory information (administrative record No. OK-
959.11).
Oklahoma proposes revisions to and additional explanatory
information for certain provisions of the Bond Release Guidelines.
Specifically, Oklahoma proposes to revise the Bond Release Guidelines
at (1) subsection I.F.5.b, to require that water discharged from
permanent impoundments, ponds, diversions, and treatment facilities
shall meet water quality effluent limitations; (2) subsections IV.A.1.a
and IV.B.1.a, and section VII.A, to require that areas reclaimed for
forestry, wildlife habitat, recreation, and industrial, commercial, or
residential use must meet the standards for diversity, seasonality,
permanence, and regeneration that are defined in the permit; (3)
subsections V.B.2.d and V.B.2.e, to add criteria regarding the
selection of test plots for demonstrating success of productivity on
prime farmland cropland; (4) subsection V.B.2.f, to reference Appendix
O for calculation of a technical productivity standard for grain or hay
crops on prime farmland; (5) Appendix J, to correct typographical
errors; (6) Appendix O, to revise the method for calculation of
technical productivity standards on land reclaimed for use as
pastureland, grazingland, and grain and hay cropland on both prime and
nonprime farmland; and (7) Appendix R, concerning repair of rills and
gullies, to use the term ``initial establishment of permanent
vegetative cover.''
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 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
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: August 3, 1994.
Russell F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-19363 Filed 8-8-94; 8:45 am]
BILLING CODE 4310-05-M
