[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-895]
[[Page Unknown]]
[Federal Register: January 14, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
Oklahoma Permanent Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Notice of informal conference.
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SUMMARY: On January 19, 1981, the Secretary of the Interior approved
Oklahoma's program under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA) (see 46 FR 4902). On November 12, 1993, OSM notified
the Governor of Oklahoma that it had reason to believe that serious
problems exist that are adversely affecting the effective
implementation, administration, maintenance and enforcement of
Oklahoma's approved regulatory program (see SUPPLEMENTARY INFORMATION
below).
Under the provisions of OSM's regulations at 30 CFR 733.12(c), OSM
will hold an informal conference to discuss the facts surrounding such
a notification if an informal conference is requested by the State. By
letter dated December 22, 1993, the Oklahoma Department of Mines (ODM)
requested an informal conference. Accordingly, OSM hereby notifies
Oklahoma and the public that it will hold an informal conference. All
interested persons may attend the informal conference.
DATES: OSM has scheduled an informal conference on January 27, 1994,
beginning at 10 a.m.
ADDRESSES: The conference will be held in room 911 of the Federal
Building, 200 NW 5th, Oklahoma City, Oklahoma 73102.
Copies of Administrative Record documents referenced in this notice
are available for public inspection and copying during normal business
hours at: Office of Surface Mining Reclamation and Enforcement, Tulsa
Field Office, 5100 East Skelly Drive, Suite 550, Tulsa, Oklahoma 74135.
FOR FURTHER INFORMATION CONTACT: Mr. James H. Moncrief, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
5100 East Skelly Drive, suite 550, Tulsa, Oklahoma 74135, Telephone:
(918) 581-6430.
SUPPLEMENTARY INFORMATION: On January 19, 1981, the Secretary of the
Interior conditionally approved the Oklahoma program (46 FR 4902-4911).
On November 12, 1993, OSM notified the Governor of Oklahoma that it
had reason to believe that serious problems exist that are adversely
affecting the effective implementation, administration, maintenance,
and enforcement of Oklahoma's approved permanent regulatory program
under SMCRA (OK-945).
Since the approval of Oklahoma's program, and in keeping with its
policy of working closely with the State, OSM has had numerous
discussions with ODM officials about the State's performance. Recent
discussions and investigations have centered on inadequacies of ODM's
implementation of the approved program in the areas set forth below.
1. Citing Violations: ODM has not cited all violations as the State
program requires.
2. Unreasonable Extensions of Abatement of Violations: Failure to
abate cessation orders have not been issued in cases where such would
have been appropriate. Instead, ODM has repeatedly extended abatement
periods of violations. Contrary to the approved program, ODM has
routinely extended the period for abatement of violations cited in
NOV's beyond 90 days without compelling reasons.
3. Civil Penalty Reductions: After appropriate initial assessments,
ODM has frequently reduced penalties without appropriate justification
when those penalties were challenged in assessment conferences and
settlement agreements.
4. Applicant Violator System Not Updated: ODM has not properly
updated the applicant violator system, which negates the use of the
system to block approval of permits and revisions for entities that
have outstanding violations.
5. Reclamation and Bonding Failure: ODM has allowed mine operators
to create a disturbed area that is larger than the acreage specified in
the approved mine plan, thereby leading to inadequate bond.
6. Permit Defects: ODM has approved permits and permit revisions
that allow practices that do not comply with the Oklahoma program.
7. Failure to Enact Program Amendments: Oklahoma has failed to
promulgate rules approved in amendments to the Oklahoma program that
were required for the program to be no less stringent than SMCRA and no
less effective than the Federal regulations.
8. Inadequate Allowance for Public Participation: ODM has not
maintained or made available inspection and enforcement files in the
county of the mining as required by the State program. ODM has not
thoroughly investigated and acted on citizen's comments on permitting
actions. ODM discouraged public participation through an improper
decision that awarded attorney's fees to a mine operator.
In the November 12, 1993, notification, OSM specified a date for
ODM to present a plan to correct the deficiencies in the implementation
of its program.
Section 733.12(c) of 30 CFR requires OSM to provide the State
regulatory authority an opportunity for an informal conference. On
December 22, 1993, the Chief Counsel of ODM requested that OSM hold
such an informal conference. (OK-945.02)
The informal conference may pertain to the facts of the
deficiencies or the time period for accomplishing remedial actions.
Conference Rules: The informal conference is an opportunity for OSM
to discuss the status of the implementation of Oklahoma's program with
Oklahoma officials.
No testimony from the public will be taken but a verbatim
transcript of the meeting will be kept.
Dated: January 10, 1994.
Ed Kay,
Acting Deputy Director, Office of Surface Mining Reclamation and
Enforcement.
[FR Doc. 94-895 Filed 1-13-94; 8:45 am]
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