[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Proposed Rules]
[Pages 34890-34892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14313]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SATS No. OK-034-FOR; Docket ID OSM-2012-0008]


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 (Oklahoma program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposes 
revisions to its regulations regarding: Definitions; review of permit 
applications; general provisions for review of permit application 
information and entry of information into AVS; review of applicant, 
operator, and ownership and control information; review of permit 
history; review of compliance history; permit eligibility 
determination; unanticipated events or conditions at remining sites; 
eligibility for provisionally issued permits; written findings for 
permit application approval; performance bond submittal; initial review 
and finding requirements for improvidently issued permits; notice 
requirements for improvidently issued permits; suspension or rescission 
requirements for improvidently issued permits; who may challenge 
ownership or control listings and findings; how to challenge an owner 
and controller listing or finding; burden of proof for ownership or 
control challenges; written agency decision on challenges to ownership 
or control listings or findings; post-permit issuance requirements for 
regulatory authorities and other actions based on ownership, control, 
and violation information; post-permit issuance information 
requirements for permittees; transfer, assignment, or sale of permit 
rights; certifying and updating existing permit application 
information; providing applicant and operator information; providing 
permit history information; providing property interest information; 
providing violation information; facilities or structures used in 
common; hydrologic balance--siltation structures; cessation orders; 
alternative enforcement--general provisions; criminal penalties; and 
civil actions for relief. Oklahoma intends to revise its program to be 
no less effective than the Federal regulations and to improve 
operational efficiency.
    This document gives the times and locations that the Oklahoma 
program and this 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 4:00 
p.m., c.d.t., July 12, 2012. If requested, we will hold a public 
hearing on the amendment on July 9, 2012. We will accept requests to 
speak at a hearing until 4:00 p.m., c.d.t. on June 27, 2012.

ADDRESSES: You may submit comments, identified by SATS No. OK-034-FOR, 
by any of the following methods:
     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: 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 
program, 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, excluding holidays. You may receive one free 
copy of the amendment by contacting OSM's Tulsa Field Office or the 
full text of the program amendment is available for you to read at 
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, Email: [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. Email: [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.

[[Page 34891]]

II. Description of the Proposed Amendment

    By letter dated March 16, 2012 (Administrative Record No. OK-1001), 
Oklahoma sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). Oklahoma submitted the proposed amendment in response to 
a September 30, 2009, letter (Administrative Record No. OK-999.01) that 
OSM sent to Oklahoma in accordance with 30 CFR 732.17(c), with 
additional changes submitted on its own initiative. Below is a summary 
of Oklahoma's proposed changes. The full text of the program amendment 
is available for you to read at the locations listed above under 
ADDRESSES or at www.regulations.gov.
    Oklahoma proposes to make changes to Title 460. Department of 
Mines: Chapter 20, The Permanent Regulations Governing the Coal 
Reclamation Act of 1979, in the following subchapters.

1. Subchapter 3. Permanent Regulatory Program

    Oklahoma proposes to add new definitions at 460:20-3-5. for 
Applicant/Violator System (AVS); Control or controller; Own, owner, or 
ownership; Violation; Violation, failure or refusal; and Willful or 
willfully. Oklahoma proposes this change to closely follow the Federal 
regulation at 30 CFR 701.5.

2. Subchapter 15. Requirements for Permits and Permit Processing

    Oklahoma proposes to revoke sections 460:20-15-2. Definitions; 
460:20-15-6. Review of permit applications; 460:20-15-9. Improvidently 
issued permits: General procedures; 460:20-15-10. Improvidently issued 
permits: Rescission procedures; 460:20-15-13. Procedures for 
challenging ownership or control links shown in AVS; and 460:20-15-14. 
Standards for challenging ownership or control links and the status of 
violations.
    Oklahoma proposes to add new sections 460:20-15-6.1. Review of 
permit applications; 460:20-15-6.2. General provisions for review of 
permit application information and entry of information into AVS; 
460:20-15-6.3. Review of applicant, operator, and ownership and control 
information; 460:20-15-6.4. Review of permit history; 460:20-15-6.5. 
Review of compliance history; 460:20-15-6.6. Permit eligibility 
determination; 460:20-15-6.7. Unanticipated events or conditions at 
remining sites; 460:20-15-6.8. Eligibility for provisionally issued 
permits; 460:20-15-6.9. Written findings for permit application 
approval; 460:20-15-6.10. Performance bond submittal; 460:20-15-9.1. 
Initial review and finding requirements for improvidently issued 
permits; 460:20-15-9.2. Notice requirements for improvidently issued 
permits; 460:20-15-10.1. Suspension or rescission requirements for 
improvidently issued permits; 460:20-15-10.2. Who may challenge 
ownership or control listings and findings; 460:20-15-13.1. How to 
challenge an owner and controller listing or finding; 460:20-15-14.1. 
Burden of proof for ownership or control challenges; and 460:20-15-
14.2. Written agency decision on challenges to ownership or control 
listings or findings. Oklahoma proposes these changes to closely follow 
the Federal regulations at 30 CFR 773.7-773.16 and 30 CFR 773.21-
773.28.

3. Subchapter 17. Revision; Renewal; and Transfer, Assignment, or Sale 
of Permit Rights

    Oklahoma proposes to revoke section 460:20-17-1. Scope and purpose; 
and replace it with new section 460:20-17-1.1. Scope and purpose. 
Oklahoma proposes this change to closely follow the Federal regulation 
at 30 CFR 774.1.
    Oklahoma proposes to add new sections 460:20-17-2.1. Post-permit 
issuance requirements for regulatory authorities and other actions 
based on ownership, control, and violation information; and 460:20-17-
2.2. Post-permit issuance information requirements for permittees. 
Oklahoma proposes these changes to closely follow the Federal 
regulations at 30 CFR 774.11 and 774.12.
    Oklahoma proposes to add language in paragraph (a) of section 
460:20-17-5. Transfer, assignment, or sale of permit rights. Oklahoma 
proposes this change to closely follow the Federal regulation at 30 CFR 
774.17(a).

4. Subchapter 23. Permit Applications: Minimum Requirements for Legal, 
Financial, Compliance, and Related Information

    Oklahoma proposes to revoke sections 460:20-23-2. Identification of 
interests; and 460:20-23-3. Violation information.
    Oklahoma proposes to add new sections 460:20-23-2.1. Certifying and 
updating existing permit application information; 460:20-23-2.2. 
Providing applicant and operator information; 460:20-23-2.3. Providing 
permit history information; 460:20-23-2.4. Providing property interest 
information; 460:20-23-3.1. Providing violation information; and 
460:20-23-10. Facilities or structures used in common. Oklahoma 
proposes these changes to closely follow the Federal regulations at 30 
CFR 778.9-778.14 and 30 CFR 778.22.

5. Subchapter 43. Permanent Program Performance Standards: Surface 
Mining Standards

    Oklahoma proposes to revoke a portion of paragraph (b)(2) in 
section 460:20-43-12. Hydrologic balance: Siltation structures, which 
is identical to the Federal regulation at 30 CFR 816.46(b)(2), and 
replace it with new language regarding surface draining control, 
siltation structures, and alternative techniques.

6. Subchapter 59. State Enforcement

    Oklahoma proposes to revoke the definition of Willful Violation 
from section 460:20-59-2. Definitions. Oklahoma proposes this change to 
closely follow the Federal regulation at 30 CFR 843.5.
    Oklahoma proposes to revise paragraph (f) and add new paragraph (g) 
in section 460:20-59-3. Cessation orders. Oklahoma proposes this change 
to closely follow paragraphs (f) and (g) of the Federal regulation at 
30 CFR 843.11.

7. Subchapter 63. Individual Civil Penalties

    Oklahoma proposes to revoke section 460:20-63-2. Definitions. 
Oklahoma proposes this change to more closely follow the Federal 
regulation at 30 CFR Part 846 individual civil penalties.

8. Subchapter 64. Alternative Enforcement

    Oklahoma proposes to add new subchapter 64 and add new sections 
460:20-64-1. Scope; 460:20-64-2. General provisions; 460:20-64-3. 
Criminal penalties; and 460:20-64-4. Civil action relief. Oklahoma 
proposes these changes to closely follow the Federal regulations at 30 
CFR 847.1-847.16.

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.

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

[[Page 34892]]

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, email 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.

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.d.t. on 
June 27, 2012. 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 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 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: April 10, 2012.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2012-14313 Filed 6-11-12; 8:45 am]
BILLING CODE 4310-05-P