Ownership and Control; Permit Application Process; Improvidently Issued Permits

The Office of Surface Mining Reclamation and Enforcement (OSM) is amending its regulations governing permit application information requirements; criteria for permit issuance; and criteria, procedures, and sanctions for improvidently issued permits. The affected provisions generally address ownership and control information and compliance review requirements. This action is being taken in response to a decision by the U.S. Court of Appeals for the District of Columbia Circuit invalidating the previous rules as inconsistent with the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The court held that SMCRA authorizes the regulatory authority to block issuance of a permit only for unabated violations incurred by the applicant or entities owned or controlled by the applicant, not, as provided in the previous rules, for violations incurred by any person who owns or controls the permittee. The rules being promulgated today cure this defect. Because of the urgent need to fill the void created by the court's decision, OSM is invoking the good cause exemptions of the Administrative Procedure Act and is adopting these rules on an interim final basis, effective April 3, 1997.