[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Rules and Regulations]
[Pages 52230-52232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25188]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[SPATS No. OK-020-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving an amendment to the Oklahoma regulatory
program (Oklahoma program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). Oklahoma proposed revisions to and
additions of rules concerning burden of proof in civil penalty
proceedings, petitions for review of proposed individual civil penalty
assessments, permit conditions, verification of ownership or control
application information, review of ownership or control and violation
information, procedures for challenging ownership or control links
shown in Applicant Violator System (AVS), and standards for challenging
ownership or control links and the status of violation. Oklahoma
intends to revise its program to be consistent with the corresponding
Federal regulations.
EFFECTIVE DATE: September 28, 1999.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office, Office of Surface Mining, 5100 East Skelly Drive, Suite
470, Tulsa, Oklahoma 74135-6548. Telephone: (918) 581-6430. Internet:
mwolfrom@mcrgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. 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. Submission of the Proposed Amendment
By letter dated September 28, 1998 (Administrative Record No. OK-
982), Oklahoma sent us an amendment to its program under SMCRA.
Oklahoma proposed to amend the Oklahoma Administrative Code (OAC).
Oklahoma sent the amendment in response to a letter dated January 6,
1997 (Administrative Record No. OK-977), that we sent to Oklahoma under
30 CFR 732.17(c). The amendment also includes changes made at
Oklahoma's own initiative.
We announced receipt of the amendment in the October 20, 1998,
Federal Register (63 FR 55979). 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. The public comment period
closed on November 19, 1998. Because no one requested a public hearing
or meeting, we did not hold one.
During our review of the amendment, we identified concerns relating
to OAC 460:2-8-8, elements, burden of proof; OAC 460:2-8-9, decision by
administrative hearing officer; OAC 460:2-8-10, petition for
discretionary review; OAC 460:20-15-11, verification of ownership and
control application information; OAC 460:20-15-12, review of ownership
or control violation information; OAC 460:20-15-13, procedures for
challenging ownership or control links in AVS; and OAC 460:20-15-14,
standards for challenging ownership or control links and the status of
violations. Further, we identified editorial concerns at OAC 460:2-8-
10(f); OAC 460:20-15-11(a)(2)(B); OAC 460:20-15-13(d)(1); OAC 460:20-
15-13(d)(2)(B); OAC 460:20-15-14(b)(1); OAC 460:20-15-14(d). We
notified Oklahoma of these concerns by faxes dated December 3, 1998 and
July 14, 1999 (Administrative Record Nos. OK-982.03 and OK-982.06,
respectively).
By letters dated June 23, 1999, and July 20, 1999 (Administrative
Record Nos. OK-982.05 and OK-982.07, respectively), Oklahoma sent us
revisions to its program amendment. Based upon Oklahoma's revisions to
its amendment, we reopened the public comment period in the August 10,
1999 Federal Register (64 FR 43327). The public comment period closed
on August 25, 1999.
III. Director's Findings
Following, under SMCRA and the Federal regulations at 30 CFR 732.15
and 732.17, are our findings concerning the amendment.
Any revisions that we do not discuss below are about minor wording
changes, or revised cross-references and paragraph notations to reflect
organizational changes resulting from this amendment.
[[Page 52231]]
A. Revisions to Oklahoma's Rules That Have the Same Meaning as the
Corresponding Provisions of the Federal Regulations
The State rules listed in the table below contain language that is
the same as or similar to the corresponding sections of the Federal
regulations. Differences between the State rules and the Federal
regulations are minor.
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Federal counterpart
Topic State rule regulation
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Burden of proof in civil OAC 460:2-7-6....... 43 CFR 4.1155.
penalty proceedings.
Petitions for review of OAC 460:2-8-1 43 CFR 4.1300
proposed individual civil through 10. through 4.1309.
penalty assessments.
Verification of ownership or OAC 460:20-15-11.... 30 CFR 773.22(a).
control application
information.
Review of ownership or OAC 460:20-15-12.... 30 CFR 773.23.
control and violation
information.
Procedures for challenging OAC 460:20-15-13.... 30 CFR 773.24.
ownership or control links
shown in AVS.
Standards for challenging OAC 460:20-15-14.... 30 CFR 773.25.
ownership or control links
and the status of
violations.
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Because the above State rules have the same meaning as the
corresponding Federal regulations, we find that they are no less
effective than the Federal regulations.
B. OAC 460:20-15-7, Permit Conditions
Oklahoma proposes to remove paragraph 5 of this section which
prohibits the discharge or discrimination of any employee or authorized
representative of employees that files for or institutes any
proceedings under the Act, testifies at any proceeding or
investigation, or exercises any rights granted by the Act.
Section 703 of SMCRA prohibits reprisals against ``whistleblower''
employees. This provision is further implemented by 30 CFR Part 865 by
requiring each employer conducting operations which are regulated under
SMCRA to provide a copy of 30 CFR Part 865 to all current and new
employees. However, States are not required to adopt a counterpart to
30 CFR Part 865. If a State does not adopt a counterpart, OSM is
responsible for administering the requirements of 30 CFR Part 865.
Oklahoma's removal of OAC 460:20-15-7(5) does not effect the Oklahoma
program. Therefore, we approve Oklahoma's removal of this provision.
IV. Summary and Disposition of Comments
Public Comments
We requested public comments on the amendment, but did not receive
any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from various Federal agencies with an actual or potential
interest in the Oklahoma program (Administrative Record No. OK-982.12).
By letter date October 30, 1998, the U.S. Army Corps of Engineers
responded to our request by stating that it found Oklahoma's amendment
satisfactory (Administrative No. OK-982.02).
Environmental Protection Agency (EPA)
Under 30 CFR 732.17(h)(11)(ii), we are required to get written
agreement from the EPA for those provisions of the program amendment
that relate to air or water quality standards promulgated 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 the EPA to agree on the amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from the EPA (Administrative Record No. OK-982.10). 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 October 9, 1998, we requested comments on Oklahoma's
amendment (Administrative Record No. OK-982.11), but neither responded
to our request.
V. Director's Decision
Based on the above findings, we approve the amendment as sent to us
by Oklahoma on September 28, 1998, and as revised on June 23, 1999 and
July 20, 1999. We approve the rules that Oklahoma proposed with the
provision that they be published in identical form to the rules sent to
and reviewed by OSM and the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 936, which codify decisions concerning the Oklahoma
program. We are making this final rule effective immediately to
expedite the State program amendment process and to encourage Oklahoma
to bring its program into conformity with the Federal standards. SMCRA
requires consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from
review under Executive Order 12866 (Regulatory Planning and Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, 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 since each program is
drafted and published by a specific State, not by 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 State regulatory programs and
program amendments must be based solely on a determination of whether
the submittal is consistent with SMCRA and its implementing Federal
regulations and whether the other
[[Page 52232]]
requirements of 30 CFR Parts 730, 731, and 732 have been met.
National Environmental Policy Act
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on 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 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
corresponding 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 published 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 corresponding Federal regulations.
Unfunded Mandates
OSM has determined and certifies under the Unfunded Mandates Reform
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of
$100 million or more in any given year on local, state, or tribal
governments or private entities.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 15, 1999.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 936 is amended
as set forth below:
PART 936--OKLAHOMA
1. The authority citation for Part 936 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
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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* * * *
* * *
September 28, 1998............ September 28, OAC 460:2-7-6; 2-8;
1999. 20-15-11 through 14.
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[FR Doc. 99-25188 Filed 9-27-99; 8:45 am]
BILLING CODE 4310-05-P
