Oklahoma Permanent Regulatory Program

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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