[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Proposed Rules]
[Pages 23522-23524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10142]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[SATS No. OK-033-FOR; Docket ID: OSM-2011-0001]
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: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the Oklahoma
regulatory program under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). Oklahoma proposes revisions to its program
by adding size limitations for permanent impoundments; adding slope
limitations affecting post-mine contours; adding a subsidence
allegation reporting requirement; and adding a requirement for bond
calculation at renewal. Oklahoma is proposing these additions to its
program at its own initiative.
This document provides the times and locations that the Oklahoma
program and proposed amendment to that program are available for public
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.d.t., May 27, 2011. If requested, we will hold a public hearing on
the amendment on May 23, 2011. We will accept requests to speak at a
hearing until 4 p.m., c.d.t. on May 12, 2011.
ADDRESSES: You may submit comments, identified by SATS No. OK-033-FOR,
by any of the following methods:
E-mail: [email protected]. Include ``SATS No. OK-033-
FOR'' in the subject line of the message.
Mail/Hand Delivery: Alfred L. Clayborne, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.
Fax: (918) 581-6419.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID OSM02011-0001. If you would like to submit comments
go to http://www.regulations.gov. Follow the instructions for
submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the Public Comment Procedures heading of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: For access to the docket to review copies of the Oklahoma
regulations, this amendment, a listing of any scheduled public
hearings, and all written comments received in response to this
document, you must go to the address listed below during normal
business hours, Monday through Friday,
[[Page 23523]]
excluding holidays. You may receive one free copy of the amendment by
contacting OSM's Tulsa Field Office; or you can view the full text of
the program amendment available for you to read at http://www.regulations.gov.
Alfred L. Clayborne, Director, Tulsa Field Office, Office of
Surface Mining Reclamation and Enforcement, 1645 South 101st East
Avenue, Suite 145, Tulsa, Oklahoma 74128-4629, Telephone: (918) 581-
6430, E-mail: [email protected].
In addition, you may review a copy of the amendment during regular
business hours at the following location: Oklahoma Department of Mines,
2915 N. Classen Blvd., Suite 213, Oklahoma City, Oklahoma 73106-5406,
Telephone: (405) 427-3859.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581-6430. E-mail: [email protected].
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, ``* * * 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 the
Oklahoma program and program amendments at 30 CFR 936.10, 936.15, and
936.16.
II. Description of the Proposed Amendment
By letter dated February 25, 2011, (Administrative Record No. OK-
1000), Oklahoma sent us amendments to its Program under SMCRA (30
U.S.C. 1201 et seq.) at its own initiative. 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
or at http://www.regulations.gov.
A. Oklahoma Administrative Code 460:20-43-14(b)(7) Size Limitations on
Permanent Impoundments
Oklahoma's regulations require both temporary and permanent
impoundments to adhere to minimum criteria and design certification.
Their proposed addition requires a permanent impoundment to have three
(3) acres of drainage per acre-foot of storage in the impoundment or a
water balance (precipitation runoff versus lake evaporation) showing
that the length of time for the impoundment to fill and maintain a
stable water level does not exceed a maximum of five (5) years. The
full text of the program amendment is available for you to read at the
locations listed above under ADDRESSES or at http://www.regulations.gov.
B. Oklahoma Administrative Code 460:20-43-38(1) Approximate Original
Contour
Oklahoma's regulations give general backfilling and grading
requirements to achieve approximate original contour. Their proposed
addition will add specific requirements relating to post mining slopes.
Previously mined areas or areas deemed suitable for reforestation could
be exempt from these standards if justified in writing by the applicant
based on site conditions. The full text of the program amendment is
available for you to read at the locations listed above under ADDRESSES
or at http://www.regulations.gov.
C. Oklahoma Administrative Code 460:20-43-47(c)(3) & 460:20-45-47(c)(6)
Subsidence Reporting
Oklahoma's regulations require the operator to comply with all
provisions of the approved subsidence control plan. Their proposed
addition would require the operator to report to the Department all
instances of alleged subsidence within 30 calendar days. The report
must be in writing. The report must identify the location of the
alleged subsidence in relation to the underground mine workings. The
full text of the program amendment is available for you to read at the
locations listed above under ADDRESSES or at http://www.regulations.gov.
D. Oklahoma Administrative Code 460:20-17-4(b)(2)(C) Requirement for
Bond Calculation at Renewal
Oklahoma's regulations have minimum requirements for permit
renewal. Their proposed addition would require a current bond
calculation (less than 60 days old) detailing the costs to reclaim the
permit by a third party under the approved worst case bond scenario and
evidence that the performance bond in effect for the operation will
continue in full force and effect for any renewal requested, as well as
any additional bond required by the Department pursuant to Subchapter
37 of this Chapter. The full text of the program amendment is available
for you to read at the locations listed above under ADDRESSES or at
http://www.regulations.gov.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether Oklahoma's proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If we approve
the amendment, it will become part of Oklahoma's State Program.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
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Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on May
12, 2011. If you are disabled and need reasonable 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; 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 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 4, 2011.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2011-10142 Filed 4-26-11; 8:45 am]
BILLING CODE 4310-05-P