[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Rules and Regulations]
[Pages 25872-25874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10561]
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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 No. OSM-2011-0001]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Oklahoma regulatory program
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or
the Act). Oklahoma revised its regulations regarding subsidence
allegation reporting requirements and requirements for bond calculation
at permit renewal. Oklahoma revised its regulatory program at its own
initiative for operational efficiency.
DATES: Effective Date: May 2, 2012.
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. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Oklahoma Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance with the requirements of this Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior conditionally approved
the Oklahoma program on January 19, 1981. You can find background
information on the Oklahoma program, including the Secretary's
findings, the disposition of comments, and the conditions of approval
of the Oklahoma program in the January 19, 1981, Federal Register (46
FR 4902). You can also find later actions concerning the Oklahoma
program and program amendments at 30 CFR 936.10, 936.15, and 936.16.
II. Submission of the Amendment
By letter dated February 25, 2011 (Administrative Record No. OK-
1000), Oklahoma sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). Oklahoma submitted its proposed amendment at its
own initiative. Oklahoma proposed revisions to the Oklahoma
Administrative Code at sections 460:20-43-14(b)(7) and 460:20-45-
14(b)(7) concerning size limitations on permanent impoundments, 460:20-
43-38(1) concerning approximate original contour, 460:20-43-47(c)(3)
and 460:20-45-47(c)(6) concerning subsidence reporting, and 460:20-17-
4(b)(2)(C) concerning requirements for bond calculation at renewal.
We announced receipt of the proposed amendment in the April 27,
2011, Federal Register (76 FR 23522). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on May 27, 2011. We did not receive any public
comments.
During our review of the amendment, we identified concerns
regarding the proposed revisions to Oklahoma Administrative Code
460:20-43-14(b)(7) and 460:20-45-14(b)(7) concerning size limitations
on permanent impoundments, as well as 460:20-43-38(1) concerning
approximate original contour. We notified Oklahoma of these concerns by
letter dated October 21, 2011 (Administrative Record No. OK-1000.04).
By letter, dated November 18, 2011 (Administrative Record No. OK-
1000.06), Oklahoma responded and withdrew these sections regarding
impoundments and approximate original contour from the proposed
amendment and requested that we process the sections regarding
subsidence reporting and bond calculation.
III. OSM's Findings
We are approving the amendment as described below. The following
are the findings we made concerning the amendments under SMCRA and the
Federal regulations at 30 CFR 732.15 and 732.17.
A. 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. The proposed
addition would require the operator to report to the Department of
Mines 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 Federal regulations, at 30 CFR 784.20(b)(4), provide for
subsidence monitoring to determine what measures may be taken to
prevent, reduce, or
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correct material damage. This new reporting requirement will enhance
Oklahoma's ability to ensure that an operation remains in compliance
with permit requirements and that mining will be conducted in
accordance with 30 CFR 817.121. We find Oklahoma's proposed revision
will make its regulations no less effective than the Federal
regulations. As such, we are approving Oklahoma's revision.
B. Oklahoma Administrative Code 460:20-17-4(b)(2)(C) Requirement for
Bond Calculation at Renewal
Oklahoma's existing regulations contain minimum requirements for
permit renewal that are no less effective than the Federal regulations.
The proposed addition would require, for any permit renewal requested,
the operator to submit 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 will continue in full force, as well as any
additional bond required by the Department of Mines.
The Federal regulations, at 30 CFR 774.15(b)(2)(iii), require
evidence that a performance bond is in effect and will remain so for
the renewal period, including any bond amount adjustments required by
the state at renewal. The proposed new requirement for an operator to
submit a current bond calculation at permit renewal will further
clarify what an operator must submit with a renewal application. By
requiring a current (less than 60 days old) bond calculation from the
operator, Oklahoma will have the information it needs in making its
required findings under the state counterpart to 30 CFR 774.15(c)(1)(v)
and to determine if bond adjustments are necessary as required under
the state counterparts to 30 CFR 800.4(c), 800.15(a), and
817.121(c)(5). Because the operator's estimate will be no more than 60
days old, the information can reasonably be expected to reflect both
the extent of mining and reclamation, and the economic conditions at
the time of renewal, both of which directly influence bonding adequacy.
We find Oklahoma's proposed revision will make its regulations no less
effective than the Federal regulations. As such, we are approving
Oklahoma's revision.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
On March 8, 2011, under 30 CFR 732.17(h)(11)(i) and section 503(b)
of SMCRA, we requested comments on the amendment from various Federal
agencies with an actual or potential interest in the Oklahoma program
(Administrative Record No. OK-1000.03). We did not receive any
comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). None of the revisions that Oklahoma proposed to
make in this amendment pertain to air or water quality standards.
Therefore, we did not ask EPA to concur on the amendment. However, on
March 8, 2011, under 30 CFR 732.17(h)(11)(i), we requested comments on
the amendment from the EPA (Administrative Record No. OK-1000.03). The
EPA did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On March 8, 2011, we requested comments on Oklahoma's
amendment (Administrative Record No. OK-1000.03), but neither responded
to our request.
V. OSM's Decision
Based on the above findings, we approve the above specified
portions of the amendment Oklahoma sent us on February 25, 2011.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 936, which codify decisions concerning the Oklahoma
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately. Section 503(a) of SMCRA
requires that the State's program demonstrate that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this rule effective immediately will expedite that
process. SMCRA requires consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. However, these standards are not applicable to the actual
language of State regulatory programs and program amendments because
each program is drafted and promulgated by a specific State, not by
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10)
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR parts
730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-
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recognized Indian tribes and have determined that the rule does not
have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes. This determination is based on the fact
that the Oklahoma program does not regulate coal exploration and
surface coal mining and reclamation operations on Indian lands.
Therefore, the Oklahoma program has no effect on Federally-recognized
Indian tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal, which is the subject of this rule, is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. In making the determination as to whether this rule would
have a significant economic impact, the Department relied upon the data
and assumptions for the counterpart Federal regulations.
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; and (c) Does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 8, 2012.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 936 is amended
as set forth below:
PART 936--OKLAHOMA
0
1. The authority citation for Part 936 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 936.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 936.15 Approval of Oklahoma regulatory program amendments.
* * * * *
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Original amendment submission Date of final
date publication Citation/description
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* * * * * * *
February 25, 2011............. May 2, 2012...... OAC 460:20-17-
4(b)(2)(C), 460:20-
43-47(c)(3), and
460:20-45-47(c)(6).
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[FR Doc. 2012-10561 Filed 5-1-12; 8:45 am]
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