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Oklahoma Regulatory Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 21, 2001 (Volume 66, Number 246)]
[Proposed Rules]
[Page 65858-65861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de01-18]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[OK-029-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the Oklahoma
regulatory program (the Oklahoma program) under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA or the Act). The Oklahoma
Department of Mines (Department or Oklahoma) proposes revisions to and
additions of rules about areas designated by act of Congress as
unsuitable for mining and coal exploration operations. Oklahoma intends
to revise its program to be consistent with the corresponding Federal
regulations.
This document gives the times and locations that the Oklahoma
program and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.s.t., January 22, 2002. If requested, we will hold a public hearing
on the amendment on January 17, 2002. We will accept requests to speak
at a hearing until 4 p.m., c.s.t. on January 7, 2002.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa
Field Office, at the address listed below.
You may review copies of the Oklahoma program, this amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday,
[[Page 65859]]
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 Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430, Internet:
mwolfrom@osmre.gov
Mary Ann Pritchard, Director, Oklahoma Department of Mines, 4040 N.
Lincoln Blvd., Suite 107, Oklahoma City, Oklahoma 73105, Telephone:
(405) 521-3859, Internet: maryann@guinan.osmre.gov
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581-6430. Internet: mwolfrom@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Oklahoma Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance with the requirements of this Act . . .; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior conditionally approved
the Oklahoma program on January 19, 1981. You can find background
information on the Oklahoma program, including the Secretary's
findings, the disposition of comments, and the conditions of approval
of the Oklahoma program in the January 19, 1981, Federal Register (46
FR 4902). You can also find later actions concerning Oklahoma's program
and program amendments at 30 CFR 936.15 and 936.16.
II. Description of the Proposed Amendment
By letter dated November 20, 2001 (Administrative Record No. OK-
988.02), Oklahoma sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). Oklahoma sent the amendment in response to an
August 23, 2000, letter (Administrative Record No. OK-988) that we sent
to Oklahoma in accordance with 30 CFR 732.17(c). Oklahoma proposes to
amend the Oklahoma Administrative Code (OAC) at Subchapter 7 (Areas
Designated by Act of Congress as Unsuitable for Mining) and Subchapter
13 (General Requirements for Coal Exploration Operations). Below is a
summary of the changes proposed by Oklahoma. The full text of the
program amendment is available for you to read at the locations listed
above under ADDRESSES.
A. OAC 460:20-7-2 Authority
Oklahoma proposes to revise its authority provision to read as
follows:
The Department is authorized by Act to prohibit or limit surface
coal mining operations on or near private, Federal, and other public
lands, except for those operations which existed on August 3, 1977
or were subject to valid existing rights at the time the land came
under the protection of 45 O.S. Section 783 and Section 460:20-7-4.
B. OAC 460:20-7-3 Definitions
Oklahoma proposes to remove its definition of ``surface coal mining
operations which exist on the date of enactment.'' Oklahoma also
proposes to revise its definition of ``valid existing rights.''
C. OAC 460:20-7-4 Areas Where Surface Coal Mining Operations Are
Prohibited or Limited
Oklahoma proposes to revise the introductory paragraph of OAC
460:20-7-4 to read as follows:
No surface coal mining operations shall be conducted on the
following lands unless those operations either have valid existing
rights, as determined under Section 460:20-7-5, or qualify for the
exception for existing operations under Section 460:20-7-4.1.
Oklahoma also proposes minor wording, editorial, and punctuation
changes to OAC 460:20-7-4(2) through (5).
D. OAC 460:20-7-4.1 Exception for Existing Operations
Oklahoma proposes to add this new section to describe those surface
coal mining operations for which the provisions of OAC 460:20-7-4 do
not apply.
E. OAC 460:20-7-5 Procedures
Oklahoma proposes to revise this section to describe the procedures
applicants for surface coal mining operation permits must follow when
requesting a valid existing rights determination. This section also
describes the evaluation procedures and decision-making criteria the
regulatory authority will follow when making a valid existing rights
determination.
F. OAC 460:20-13-5 Permit Requirements for Exploration Removing More
Than 250 Tons of Coal
1. At OAC 460:20-13-5(b)(14), Oklahoma proposes to require
applicants for coal exploration permits to include the following
information in their applications:
For any lands listed in Section 460:20-7-4 of this Chapter, a
demonstration that, to the extent technologically and economically
feasible, the proposed exploration activities have been designed to
minimize interference with the values for which those lands were
designated as unsuitable for surface coal mining operations. The
application must include documentation of consultation with the
owner of the feature causing the land to come under the protection
of Section 460:20-7-4 of this Chapter, and, when applicable, with
the agency with primary jurisdiction over the feature with respect
to the values that caused the land to come under the protection of
Section 460:20-7-4 of this Chapter.
2. At OAC 460:20-13-5(d)(2)(D), Oklahoma proposes to add the
following new requirement that it will use when making decisions on
applications for coal exploration permits:
With respect to exploration activities on any lands protected
under Section 460:20-7-4 of this Chapter, minimize interference, to
the extent technologically and economically feasible, with the
values for which those lands were designated as unsuitable for
surface coal mining operations. Before making this finding, the
Department must provide reasonable opportunity to the owner of the
feature causing the land to come under the protection of Section
460:20-7-4 of this Chapter, and when applicable, to the agency with
primary jurisdiction over the feature with respect to the values
that caused the land to come under the protection of Section 460:20-
7-4 of this Chapter, to comment on whether the finding is
appropriate.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not consider or respond to
your comments when developing the final rule if they are received after
the close of the comment
[[Page 65860]]
period (see DATES). We will make every attempt to log all comments into
the administrative record, but comments delivered to an address other
than the Tulsa Field Office may not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: [OK-029-FOR]`` and your name and return address in your
Internet message. If you do not receive a confirmation that we have
received your Internet message, contact the Tulsa Field Office at (918)
581-6430.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.s.t. on
January 7, 2002. If you are disabled and need special accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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 because
each 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
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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. 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.
[[Page 65861]]
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local governmental agencies or
geographic regions; and (c) Does not have significant adverse effects
on competition, employment, investment, productivity, innovation, or
the ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 30, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-31536 Filed 12-20-01; 8:45 am]
BILLING CODE 4310-05-P