Oklahoma Regulatory Program, 34890-34892 [2012-14313]
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34890
Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
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 917
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 26, 2012.
Thomas D. Shope,
Regional Director Appalachian Region.
[FR Doc. 2012–14310 Filed 6–11–12; 8:45 am]
BILLING CODE 4310–05–P
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
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
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
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SUMMARY:
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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; postpermit 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: https://
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
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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:
aclayborne@osmre.gov.
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: aclayborne@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, ‘‘* * *
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.
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
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.
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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
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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. Postpermit 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
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34891
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
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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
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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
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 944
[SATS No. [UT–048–FOR]; Docket ID [OSM–
2012–0011]]
Utah Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of a
proposed amendment to the Utah
regulatory program (hereinafter, the
‘‘Utah program’’) under the Surface
Mining Control and Reclamation Act of
SUMMARY:
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1977 (‘‘SMCRA’’ or ‘‘the Act’’). Utah
proposes a change to the Judicial Code,
Title 78 of the Utah Code, that requires
plaintiffs who obtain temporary relief
(administrative stay or preliminary
injunction) in an environmental action
to post a surety bond or equivalent
pending state judicial review. Utah sent
the amendment to include changes
made at its own initiative.
This document gives the times and
locations that the Utah 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 4:00
p.m., m.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 until 4:00 p.m.,
m.d.t. on June 27, 2012.
ADDRESSES: You may submit comments
by either of the following two methods:
• Federal eRulemaking Portal:
www.regulations.gov. This proposed
rule has been assigned Docket ID: OSM–
2012–0011. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and follow the
instructions.
• Mail/Hand Delivery/Courier:
Kenneth Walker, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway Suite 3320, Denver, CO
80202.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the ‘‘III. Public Comment
Procedures’’ in the SUPPLEMENTARY
INFORMATION section of this document.
In addition to viewing the docket and
obtaining copies of documents at
www.regulations.gov, you may review
copies of the Utah program, this
amendment, a listing of any 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
also receive one free copy of the
amendment by contacting OSM’s
Denver Office.
Kenneth Walker, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway Suite 3320, Denver, CO
80202, (303)293–5012,
KWalker@osmre.gov;
John Baza, Director, Utah Division of
Oil, Gas and Mining, 1594 West North
E:\FR\FM\12JNP1.SGM
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Agencies
[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Proposed Rules]
[Pages 34890-34892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14313]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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: aclayborne@osmre.gov.
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: aclayborne@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, ``* * * 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