§ 925.17 - Direct Federal enforcement of the Missouri program.

Starting on August 22, 2003, OSM will directly implement, administer and enforce the Missouri program requirements to the extent outlined below in accordance with the enforcement provisions of SMCRA and the Federal regulations. The authority of the Missouri Department of Natural Resources, Air and Land Protection Division, Land Reclamation Program (MLRP) to implement the Missouri regulatory program is suspended with regard to those provisions listed below, with the following exceptions. With respect to State enforcement actions initiated before August 22, 2003, the MLRP will have authority to take administrative actions to process outstanding violations to a final disposition (including issuing proposed assessments, assessing penalties, holding informal conferences and hearings, and collecting penalties). For enforcement actions that are terminated or vacated, OSM will inspect the sites and if a violation exists, we will take appropriate Federal enforcement action. With respect to bond forfeiture actions initiated before August 22, 2003, the MLRP will have authority to perform bond forfeiture reclamation activities. Bond forfeiture reclamation activities include, but are not limited to, issuing show-cause orders, revoking permits, initiating proceedings to declare bonds forfeited, and administering reclamation in lieu of bond forfeiture. The MLRP will have authority to perform bond forfeiture reclamation activities initiated after August 22, 2003, if show-cause orders to revoke permits were initiated before August 22, 2003, and those show-cause orders subsequently result in forfeiture of the bond.

(a) OSM will conduct inspections of all coal exploration and surface coal mining and reclamation operations, including bond release sites, in accordance with sections 517, 518, 521, 525, and 526 of SMCRA (30 U.S.C. 1267, 1268, 1271, 1275, and 1276), 30 CFR parts 842 through 845, and 43 CFR part 4. With respect to enforcement actions initiated by the MLRP before August 22, 2003, OSM will conduct follow-up inspections at all sites with outstanding violations on or after the abatement dates specified in the State-issued notices of violation. As required by 30 CFR 733.12(f)(2)(iii), OSM will conduct inspections to determine compliance with the substantive requirements of the approved Missouri program.

(b) OSM will issue, modify, enforce, and terminate notices of violation, cessation orders, and show cause orders for violations of the approved Missouri program, in accordance with sections 517, 518, 521, 525, and 526 of SMCRA (30 U.S.C. 1257, 1268, 1271, 1275, and 1276), 30 CFR parts 842 through 845, and 43 CFR part 4. With respect to enforcement actions initiated by the MLRP before August 22, 2003, we will reinspect the site and if the operator has not abated the violation by the abatement date set in the State-issued notice of violation, we will take appropriate enforcement action. We will issue a notice of violation for any violation observed by us that has not been previously cited by the MLRP. We will issue a cessation order for any condition or practice that creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.

(c) OSM will impose civil and criminal sanctions, as appropriate, for violations of the Missouri program in accordance with sections 517, 518, 521, 525, and 526 of SMCRA (30 U.S.C. 1267, 1268, 1271, 1275, and 1276), 30 CFR parts 843 through 847, and 43 CFR part 4 for those violations issued by OSM.

(d) OSM will promptly inform the MLRP of the results of all follow-up inspections conducted and of enforcement actions taken that pertain to enforcement actions initiated by the MLRP before August 22, 2003.

(e) OSM will review all new applications and issue all new permits, permit revisions, permit renewals, transfer and assignment or sale of permit rights for all surface coal mining and reclamation operations in accordance with the approved Missouri program at sections 444.815 through 444.825, 444.835 through 444.845, and 444.850 of the Missouri Surface Coal Mining Law (MSCML) and 10 CSR 40-6.010 through 40-6.120. This includes pending permit actions for which the MLRP has not made a final decision. Administrative and judicial review will be in accordance with sections 525 and 526 of SMCRA (30 U.S.C. 1275 and 1276), 30 CFR part 775, and 43 CFR part 4.

(f) Permit fees are required in accordance with section 444.820.1 of MSCML and 10 CSR 40-6.010(6). The fees for all new permitting actions must be submitted to and made payable to OSM.

(g) OSM will determine the amount of the performance bonds for new permitting actions in accordance with section 509 of SMCRA and 30 CFR part 800.

(h) OSM will maintain the amount of the performance bonds for existing permits in accordance with the Missouri program at section 444.830 of MSCML and 10 CSR 40-7.011.

(i) OSM will review and make decisions on performance bond release requests for new and existing permits in accordance with the Missouri program at section 444.875 of MSCML and 10 CSR 40-7.021. For existing bonds, OSM will make the required determinations for the amount of the bond to be released and will submit the determinations to the MLRP. The MLRP will present OSM's bond release determinations for the amount of the bond to be released to the Missouri Land Reclamation Commission, who will make a final decision on the release.

(j) Performance bonds must be made payable to the “United States of America and State of Missouri,” and they must be submitted to OSM.

(k) Administrative and judicial review of OSM's enforcement actions, performance bond release determinations, and final decisions on all other actions, including permitting, certification of blasters, and small operator assistance, will be in accordance with 43 CFR part 4. Administrative and judicial review of final bond release decisions made by the Commission for existing performance bonds will be subject to the procedures specified in the Missouri program at section 444.875 of MSCML and 10 CSR 40-7.021(4).

(l) OSM will review and issue decisions on applications for blaster certification in accordance with the approved Missouri program at sections 444.855.2(15)(d) and 444.905.4 of MSCML and 10 CSR 40-3.160. The applicants must submit OSM Form 74 to OSM when applying for blaster certification. Administrative and judicial review of our decisions will be in accordance with 43 CFR part 4.

(m) OSM will review and issue decisions on petitions to have areas designated as unsuitable for surface coal mining operations in accordance with the approved Missouri program at section 444.890 of MSCML and 10 CSR 40-5.020. Judicial review of our decisions will be in accordance with sections 526(a)(2) and (b) of SMCRA (30 U.S.C. 1276(a)(2) and (b)) and 30CFR 775.13.

(n) OSM will review and issue decisions on applications for small operator assistance in accordance with section 507(c) of SMCRA (30 U.S.C. 1257(c)) and the approved Missouri program at 10 CSR 40-8.050. Administrative and judicial review of our decisions will be in accordance with 43 CFR part 4.