[Federal Register Volume 66, Number 238 (Tuesday, December 11, 2001)]
[Proposed Rules]
[Pages 63968-63972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30578]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[SPATS No. OK-028-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a proposed amendment to the Oklahoma
regulatory program (Oklahoma program) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposes
revisions to its rules concerning employment and financial interests of
state employees and members of advisory boards and commissions, and
remining and reclamation of previously mined and certain inadequately
reclaimed lands. Oklahoma intends to revise its program to be
consistent with the corresponding Federal regulations. Oklahoma also
intends to correct some cross references and typographical and
grammatical errors.
This document gives the times and locations that the Oklahoma
program and the 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 until 4:00 p.m., c.s.t., January
10, 2002 . If requested, we will hold a public hearing on the amendment
on January 7, 2002. We will accept requests to speak at the hearing
until 4:00 p.m., c.s.t. on December 26, 2001.
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, the proposed
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, 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
[[Page 63969]]
Field Office. Telephone: (918) 581-6430. Internet: [email protected].
SUPPLEMENTARY INFORMATION:
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 the Act; and rules and regulations
consistent with regulations issued by the Secretary pursuant to the
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
in the January 19, 1981, Federal Register (46 FR 4902). You can find
later actions concerning the Oklahoma program at 30 CFR 936.15 and
936.16.
II. Description of the Proposed Amendment
By letter dated November 1, 2001 (Administrative Record No. OK-
993), Oklahoma sent us an amendment to its program under SMCRA and the
Federal regulations at 30 CFR 732.17(b). Oklahoma sent the amendment at
its own initiative. Oklahoma proposes to amend the Oklahoma
Administrative Code (OAC), Title 460, Chapter 20. Below is a summary of
the changes proposed by Oklahoma. The full text of the program
amendment is available for your inspection at the locations listed
above under ADDRESSES.
A. Subchapter 3. Permanent Regulatory Program
OAC 460:20-3-5. Definitions
Oklahoma proposes to add definitions for ``Lands eligible for
remining'' and ``Unanticipated event or condition.''
B. Subchapter 5. Financial Interests of State Employees
1. OAC 460:20-5-1. Purpose
In this section, Oklahoma proposes to add persons who are
prohibited from having any direct or indirect financial interest in any
underground or surface coal mining operation. These additional persons
are (1) members of advisory boards, (2) the Oklahoma Mining Commission,
and (3) commissions representing multiple interests.
2. OAC 460:20-5-2. Objectives
Currently, the state's regulations prohibit employees of the
Department of Mines who perform any function or duty under the Oklahoma
Coal Reclamation Act of 1979 from having any direct or indirect
financial interest in any underground or surface coal mining operation.
Oklahoma proposes to expand the list of persons who perform any
function or duty under the Oklahoma Coal Reclamation Act of 1979 and
who are prohibited from these financial interests to include (1)
members of advisory boards, (2) the Oklahoma Mining Commission, and (3)
commissions representing multiple interests.
3. OAC 460:20-5-3. Authority
Oklahoma proposes to remove the authority of the Director of the
Department of Mines to ``file all statements and supplements received
pursuant to 45 O.S. Supp., Section 765 from members of advisory boards
and the Oklahoma Mining Commission with the Oklahoma Governor's Office,
Director of Appointment.''
4. OAC 460:20-5-4. Responsibility
a. In paragraph (a), Oklahoma proposes to require the Financial
Officer of the state Department of Mines to furnish a blank employment
and financial interest statement to each state employee, and members of
advisory boards, the Oklahoma Mining Commission, and commissions
representing multiple interests who are required to file a statement.
The blank statement must be provided 45 days in advance of the filing
date established by Section 460:20-5-8(a). In addition, the Financial
Officer must provide annually to all state employees (required to file
the statement) the name, address, and telephone number of the person
whom they may contact for advice and counseling.
b. Oklahoma proposes to add a new paragraph (b) that sets forth the
duties of the Director of Appointments of the Oklahoma Governor's
Office.
c. Oklahoma proposes to revise paragraph (c) to read as follows:
(c) Department of Mines employees, members of advisory boards, the
Oklahoma Mining Commission, or commissions representing multiple
interests performing any duties or functions under the Act shall:
(1) Have no direct or indirect financial interests in coal
mining operations;
(2) File a fully completed statement of employment and financial
interest 120 days after this Chapter becomes effective or upon
entrance of duty, and annually thereafter on specified filing dates;
and
(3) Comply with directives issued by persons responsible for
approving each statement and comply with directives issued by those
persons responsible for ordering remedial actions.
5. OAC 460:20-5-7. Who Shall File
In paragraph (a), Oklahoma proposes to require any employee, and
members of the Oklahoma Mining Commission, advisory boards, and
commissions representing multiple interests who perform any function or
duty under the Oklahoma Coal Reclamation Act of 1979 to file a
statement of employment and financial interests.
6. OAC 460:20-5-8. When To File
a. In paragraph (a), Oklahoma proposes to add that members of the
Oklahoma Mining Commission who perform functions or duties under the
Oklahoma Coal Reclamation Act of 1979 must file employment and
financial interest statements.
b. In paragraph (b), Oklahoma proposes to add that new appointments
to advisory boards, the Oklahoma Mining Commission, and commissions
representing multiple interests who are hired, appointed, or
transferred to perform functions or duties under the Oklahoma Coal
Reclamation Act of 1979 will be required to file employment and
financial interest statements at the time of entrance to duty.
c. In paragraph (c), Oklahoma proposes to add that new appointments
to advisory boards, the Oklahoma Mining Commission, and commissions
representing multiple interests are not required to file annual
employment and financial interest statements on the subsequent annual
filing date if this date occurs within two months after their initial
statement was filed.
7. OAC 460:20-5-9. Where To File
In paragraph (b), Oklahoma proposes to add that members of the
Oklahoma Mining Commission must file employment and financial interest
statements with the Governor's Office, Office of Appointments.
8. OAC 460:20-5-10. What To Report
a. In paragraph (a), Oklahoma proposes to add that advisory board
members and commissioners must report all information required on the
statement of employment and financial interests for themselves, their
spouses, minor children, or other relatives who are full-time residents
of their homes.
b. Oklahoma proposes to revise paragraph (a)(2) to read as follows:
[[Page 63970]]
(2) A certification that none of the listed financial interests
represent a direct or indirect financial interest in an underground
or surface coal mining operation except as specifically identified
and described by the employee, advisory board member or commissioner
as part of the certificate; and
c. In paragraphs (b)(1) through (b)(4), Oklahoma proposes to
require advisory board members and commissioners, in addition to
employees, to provide information regarding any financial interests
pertaining to employment, securities, real property, and creditors. d.
In paragraph (c), Oklahoma proposes to require advisory board members
and commissioners, in addition to employees, to provide a signed
certification that (1) none of the financial interests shown on the
financial interest statement represent an interest in an underground or
surface coal mining operation except as specifically identified and
described as exceptions, and (2) the information shown on the statement
is true, correct, and complete. Also, in paragraph (c)(3)(C) regarding
exceptions in the financial interest statements, Oklahoma proposes to
require advisory board members and commissioners, in addition to
employees, to provide any other information which they believe should
be considered in determining whether or not an interest represents a
prohibited interest.
9. OAC 460:20-5-13. Appeals Procedures
Oklahoma proposes to designate the existing paragraph as paragraph
(a) and to add new paragraph (b) to read as follows:
(b) Members of advisory boards, the Oklahoma Mining Commission, and
commissions representing multiple interests should follow any appeals
process provided for by the Oklahoma Governor's Office, Director of
Appointments.
C. Subchapter 15. Requirements for Permit and Permit Processing
1. OAC 460:20-15-4. Regulatory Coordination With Requirements Under
Other Laws
Oklahoma proposes to add a provision that each regulatory program
must provide for the coordination of review and issuance of permits for
surface coal mining and reclamation operations with applicable
requirements of, among other things, all state, federal, and local
permitting and licensing requirements.
2. OAC 460:20-15-6. Review of Permit Applications
a. Oklahoma proposes to add new paragraphs (b)(4) and (b)(5) to
read as follows:
(4) Subsequent to October 24, 1992, the prohibitions of paragraph
(b) of this Section regarding the issuance of a new permit shall not
apply to any violation that:
(A) Occurs after that date;
(B) Is unabated and
(C) Results from an unanticipated event or condition that arises
from a surface coal mining and reclamation operation on lands that are
eligible for remining under a permit:
(i) Issued before September 30, 2004, or any renewals thereof; and
(ii) Held by the person making application for the new permit;
(5) For permits issued under Section 460:20-33-12 of this Chapter,
an event or condition shall be presumed to be unanticipated for the
purposes of this paragraph if it:
(A) Arose after permit issuance;
(B) Was related to prior mining; and
(C) Was not identified in the permit.
b. Oklahoma proposes to add new paragraph (c)(13) to read as
follows:
(13) For permits to be issued under Section 460:20-33-12 of this
Chapter, the permit application must contain:
(A) Lands eligible for remining;
(B) An identification of the potential environmental and safety
problems related to prior mining activity which could reasonably be
anticipated to occur at the site; and
(C) Mitigation plans to sufficiently address these potential
environmental and safety problems so that reclamation as required by
the applicable requirements of the regulatory program can be
accomplished.
D. Subchapter 33. Requirements for Permits for Special Categories of
Mining
OAC 460:20-33-12. Lands Eligible for Remining
Oklahoma proposes to add this new section to its regulations. It
contains the permitting requirements for conducting coal mining
operations on lands eligible for remining.
E. Subchapter 43. Permanent Program Performance Standards: Surface
Mining Standards
OAC 460:20-43-46. Revegetation: Standards for Success
1. Oklahoma proposes to revise paragraphs (b)(6) to read as
follows:
(6) For areas previously disturbed by mining that were not
reclaimed to the requirements of this Chapter and that are remined
or otherwise redisturbed by surface coal mining operations, as a
minimum, the vegetative ground cover shall be not less than the
ground cover existing before redisturbance and shall be adequate to
control erosion. In general this is considered to be at least 70%
vegetative ground cover of approved vegetation species.
2. Oklahoma proposes to revise paragraphs (c)(2) through (c)(3) to
read as follows:
(2) In areas of more than 26.0 inches average annual
precipitation, the period of responsibility shall continue for a
period of not less than:
(A) Five full years, except as provided in paragraph (c)(2)(B)
of this Section. The vegetation parameters identified in Subsection
(b) of this Section for grazingland or pastureland and cropland
shall equal or exceed the approved success standard during the
growing seasons of any two years of the responsibility period,
except the first year. Areas approved for the other uses identified
in Subsection (b) of this Section shall equal or exceed the
applicable success standard during the growing season of the last
year of the responsibility period.
(B) Two full years for lands eligible for remining included in
permits issued before September 30, 2004, or any renewals thereof.
To the extent that the success standards are established by
Subsection (b)(6), the lands shall equal or exceed the standards
during the growing season of the last year of the responsibility
period.
(3) In areas of 26.0 inches or less average annual
precipitation, the period of responsibility shall continue for a
period of not less than:
(A) Ten full years, except as provided in Subsection (c)(3)(B)
below. Vegetation parameters identified in Subsection (b) of this
Section shall equal or exceed the approved success standards for at
least the last two consecutive years of the responsibility period.
(B) Five full years for lands eligible for remining included in
permits issued before September 30, 2004, or any renewals thereof.
To the extent that the success standards are established by
Subsection (b)(6), the lands shall equal or exceed the standards
during the growing seasons of the last two consecutive years of the
responsibility period.
F. Subchapter 45. Permanent Program Performance Standards: Underground
Mining Activities
OAC 460:20-45-46. Revegetation: Standards for Success
1. Oklahoma proposes to revise paragraphs (b)(6) to read as
follows:
(6) For areas previously disturbed by mining that were not
reclaimed to the requirements of this Chapter and that are remined
or otherwise redisturbed by surface coal mining operations, as a
minimum, the vegetative ground cover shall be not less than the
ground cover existing before redisturbance and shall be adequate to
[[Page 63971]]
control erosion. In general this is considered to be at least 70%
vegetative ground cover of approved vegetation species.
2. Oklahoma proposes to revise paragraphs (c)(2) through (c)(3) to
read as follows:
(2) In areas of more than 26.0 inches average annual
precipitation, the period of responsibility shall continue for a
period of not less than:
(A) Five full years, except as provided in paragraph (c)(2)(B)
of this Section. The vegetation parameters identified in Subsection
(b) of this Section for grazingland or pastureland and cropland
shall equal or exceed the approved success standard during the
growing seasons of any two years of the responsibility period,
except the first year. Areas approved for the other uses identified
in Subsection (b) of this Section shall equal or exceed the
applicable success standard during the growing season of the last
year of the responsibility period.
(B) Two full years for lands eligible for remining included in
permits issued before September 30, 2004, or any renewals thereof.
To the extent that the success standards are established by
Subsection (b), the lands shall equal or exceed the standards during
the growing season of the last year of the responsibility period.
(3) In areas of 26.0 inches or less average annual
precipitation, the period of responsibility shall continue for a
period of not less than:
(A) Ten full years, except as provided in Subsection (c)(3)(B)
below. Vegetation parameters identified in Subsection (b) of this
Section shall equal or exceed the approved success standards for at
least the last two consecutive years of the responsibility period.
(B) Five full years for lands eligible for remining included in
permits issued before September 30, 2004, or any renewals thereof.
To the extent that the success standards are established by
Subsection (b), the lands shall equal or exceed the standards during
the growing seasons of the last two consecutive years of the
responsibility period.
III. Public Comment Procedures
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: If you submit written or electronic comments on
the proposed rule during the 30-day comment period, they should be
specific, should be confined to issues pertinent to the notice, and
should explain the reason for your recommendation(s). We may not be
able to consider or include in the Administrative Record comments
delivered to an address other than the one listed above (see
ADDRESSES).
Electronic Comments: Please submit Internet comments as an ASCII,
WordPerfect, or Word file avoiding the use of special characters and
any form of encryption. Please also include ``Attn: SPATS NO. OK-028-
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: Our practice is to make comments,
including names and home addresses of respondents, available for public
review during regular business hours at OSM's Tulsa Field Office (see
ADDRESSES). Individual respondents may request that we withhold their
home address from the administrative record, which we will honor to the
extent allowable by law. There also may be circumstances in which we
would withhold from the administrative record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment. However, we will not consider anonymous 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 inspection 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 December 26, 2001. We will arrange the location and time of
the hearing with those persons requesting the hearing. If no one
requests an opportunity to speak at the public hearing, the hearing
will not be held.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her testimony. The public
hearing will continue on the specified date until all persons scheduled
to speak have been 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 all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
If you are disabled and need a special accommodation to attend a
public hearing, contact the person listed under FOR FURTHER INFORMATION
CONTACT.
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. If you wish to meet with us to discuss the proposed amendment,
you may 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 also make a written summary of each
meeting a part of the Administrative Record.
IV. Procedural Determinations
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 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal
regulations.
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, and section 503(a)(7)
requires that state programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary under SMCRA.
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, to the
extent allowed by law, this rule meets the applicable standards of
subsections (a) and (b) of this section. However, these standards are
not applicable to the actual language of state regulatory programs and
program amendments since each program is drafted and promulgated by a
specific state, not 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
[[Page 63972]]
other requirements of 30 CFR Parts 730, 731, and 732 have been met.
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 State 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 because it 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
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed state regulatory program provision does not
constitute a major Federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget 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. Therefore, 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.
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 government
agencies, or geographic regions.
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 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: November 16, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-30578 Filed 12-10-01; 8:45 am]
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