Performance Agreement
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Arkansas Performance Agreement |
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I. Regulatory Program: Goals/Objectives and plans for achieving them.
The Tulsa Field Office (TFO) is the responsible for oversight in Arkansas.
The Office of Surface Mining's (OSM) main goals are to ensure that coal mining
operations do not adversely affect the environment, including the human
environment, and to ensure that coal mined land is properly reclaimed. OSM's
specific plans are to work with the State to provide resources, technical
expertise, and evaluation of the implementation of the State program. OSM will
work together with the State to implement the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). OSM will inspect mines in accordance with
OSM's policies and in accordance with concerns of citizen's and concerns
developed from OSM's routine document reviews. OSM will routinely review
permitting actions, inspection and enforcement records, grants management
records, and other actions in accordance with OSM policies.
OSM's specific objectives are to provide feedback to the State so that on-the-ground
problems can be identified and corrected now and in the future and to
provide positive reinforcement to the State when program implementation is
appropriate.
The Arkansas Department of Pollution Control and Ecology's (ADPCE) goal is to
continue full implementation of its approved program. ADPCE plans to continue
its inspection and enforcement activities and permit review activities to ensure
that its approved program is properly implemented.
II. Regulatory Program: Evaluation
OSM's Directive REG-8 provides instructions for the oversight of State regulatory
programs. OSM is directed to solicit comments from citizens on oversight and
incorporate those comments into an oversight workplan for the year. OSM is
also directed to select oversight topics from concerns identified from mine
inspections, document reviews, and national concerns. Topics selected are not
necessarily deemed by OSM to be problems with implementation of the State
program. Workplans will also consider State needs. Evaluation study findings
will be compiled into topic-specific reports and into an Annual Evaluation Report.
In addition to new topics identified from citizen's comments, State needs, and
OSM concerns; issues from previous years are to be followed through to
resolution.
A. Topics to be evaluated.
TOPIC-BY-TOPIC PROCEDURES
| Topic | Concern | Review to be done by | Outline of review | Time Frame |
|---|---|---|---|---|
| 1(a) Bond Forfeiture Reclamation. | Follow-up on concerns from previous evaluations. | Joint ADPCE/ OSM | Review recently completed and ongoing bond forfeiture reclamation. Design study to determine if bond forfeiture funds are appropriately used to abate all outstanding violations, complete reclamation to Title V standards, and if appropriate steps have been taken for sites where bond was inadequate. | Continue review initiated in EY 97. Complete report and discuss findings with ADPCE management by 1/1/98. |
| 1(b) Hydrology. | Concerns are over
acid/toxic forming
materials; discharge
structures; diversions;
construction/
maintenance of
impoundments;
directing runoff from
disturbed areas
through approved
water treatment
facilities. Over one half of all violations OSM observed during the 96 evaluation period were hydrologic. | Joint ADPCE/ OSM | Special focus inspections on
all permitted and bonded sites
to determine compliance
status in the areas of
acid/toxic forming materials;
discharge structures;
diversions; construction/main-tenance of impoundments;
sediment control. Review permitting actions approved since 1/1/97 to determine compliance with approved program in areas of acid/toxic-forming materials and designs for discharge structures. | Continue review initiated in EY 97. Complete report and discuss findings with ADPCE management by 2/1/98. |
| 1(c) Acid Mine Drainage | National concern. | Joint ADPCE/ OSM | Develop plan for identifying the potential for AMD and on-the-ground impacts of AMD. If AMD potential and/or on-the-ground impacts exist, develop plan for preventing AMD and cleaning up impacts of current AMD impacts. | Continue study initiated in EY 97. |
| 1(d) Contemporaneous reclamation. | OSM's new oversight policy is an on-the-ground results-oriented strategy that evaluates the end result of State program implementation in areas such as the success of the State programs in ensuring that areas on the minesite are contemporaneously and successfully reclaimed after mining activities are completed. | Joint ADPCE/ OSM | Special focus inspections on all sites that have not reached Phase I bond release status to determine compliance status with contemporaneous reclamation rules. | Continue review initiated in EY 97. Complete report and discuss findings with ADPCE management by 11/1/97. |
| 2(a) Off-site impacts. | OSM emphasis. | OSM | Data on off-site impacts will be collected on State and Federal inspections, enforcement actions, and civil penalty assessments on all active permits. Documents (especially inspection reports) will include data collection on the nature of off-site impacts, degree of the impacts, and ability to repair the damage. Categories of impacts to be evaluated include hydrology, blasting, encroachment, land stability, fish and wildlife, air quality, and vegetation. | Throughout EY- 1998, data on off-site impacts will be collected. In October 1998, the data will be analyzed to look for trends and to prepare a report. The report on this topic will be used in preparing the Annual Evaluation Report. |
| 2(b)Reclamation Success. | OSM emphasis. | OSM | The effectiveness of
reclamation will be measured
by bonds released.
Information on bond releases
will be collected by OSM and
the State throughout the year
and will include: o acreage of land that has been successfully backfilled and graded to approximate original contour; o acreage where topsoil has been successfully replaced; o acreage where vegetation has been successfully established; o acreage where each potential land use has been successfully achieved; o successful accomplishment of cover and production standards o restoration of the hydrologic balance; o permanent impoundments and other structures. | TFO will analyze the information collected from bond releases and prepare a report on reclamation success at the end of the evaluation year. |
B. Procedures for Evaluation.
The basic standards for evaluation will be the requirements of the State
program.
Procedures will be developed that are specific to each topic. The
workplan will include information to identify why the review is needed, who
will conduct the review, and what kind of review will be done. OSM and
ADPCE will work jointly to design and carry out evaluation studies
whenever possible. Reports of the findings will be prepared. OSM and
ADPCE will discuss the findings so that the merits of issues are explored
and so that OSM and ADPCE jointly identify causes for issues and
develop methods for resolving them.
C. Methods for Resolving Issues.
To resolve issues that arise from evaluation studies, OSM and ADPCE will
jointly work to develop a process to determine whether a problem actually
exists and to resolve each issue identified. Each issue may require
different methods for resolution, but may include: specific performance
agreements or action plans; OSM's providing technical assistance or
training; follow-up evaluations.
When practical, success of issue resolution will be measured by on-the-ground
correction of the problem that precipitated the issue.
D. Technical Assistance that OSM will provide.
OSM will provide technical assistance as needed. This will include the
TIPS system and other computer assistance, technical expertise in
specific areas, and training.
E. Core data that States will provide to OSM.
ADPCE will continue to provide OSM with:
copies of current applicable State laws and regulations;
copies of permit applications that have been issued with all revision
and renewal documents;
copies of inspection reports of all mine inspections;
copies of enforcement documents including hearings records and
settlement agreements;
hearings docket and conference schedules including updates;
notice of bond releases and bond release documents;
compiled data on inspection and enforcement, permitting actions,
and other data that is required for the preparation of the Annual
Evaluation Report.
F. Core data OSM will provide:
copies of Federal laws and regulations including all changes and
OSM's interpretation of the changes;
timely and complete information relating to grants;
timely notification of oversight inspections and evaluation studies;
copies of Federal inspection reports and enforcement actions;
results of Federal oversight studies and copies of all oversight
reports relating to Arkansas;
copies of OSM research studies relating to Arkansas.
III. Abandoned Mine Land Program Evaluation
A. Goals/Objectives and Plans
The primary objective of the national Abandoned Mine Land (AML)
program is to mitigate the effects of past mining by aggressively pursuing
the reclamation of abandoned mines, with a primary emphasis on
correcting the most serious problems affecting public health, safety,
property, and the general welfare. OSM and ADPCE share the
responsibility for achieving the goals of the program.
TFO is responsible for monitoring the performance of the Arkansas AML
Reclamation Program. TFO staff, with assistance from other OSM offices
as necessary, will perform the State AML program evaluations.
This agreement sets forth the principles of excellence which will be used
to conduct enhancement and performance reviews (EPR). EPR's are
intended to assist the state in the administration, implementation, and
maintenance of its approved reclamation programs to ensure that the
provisions of SMCRA and the implementing regulations are met. This
agreement incorporates three principles of excellence that support the
concept of excellence in reclamation, along with performance measures
that can be used to determine whether the programs are meeting the
principles.
B. Responsibilities
The State and OSM agree to accomplish their shared mission by agreeing
to the following responsibilities of each party:
The State will:
1. Actively pursue implementation of the AML program while adhering
to its approved program, State and Federal laws and regulations.
2. Collaborate with OSM to resolve issues of concern. The State
agrees to promptly notify OSM of any significant AML problems or
issues that may arise.
3. Assist OSM with data and information required to satisfy general
information requests of OSM and others. Information requests will
be screened to ensure that it is needed and in the best interest of
OSM and the State to accomplish.
4. Advise OSM of technical and educational needs.
OSM will:
1. Actively participate with the State in implementation of its AML
program.
2. Provide technical and educational assistance to the State, when
possible.
3. Provide timely and consistent response to requests from the State
concerning grants, financial, and programmatic questions.
4. Provide assistance for complying with Federal laws, regulations.
5. Collaborate with the State to resolve issues of concern. OSM
agrees to promptly notify the State of any issues that may arise.
6. Prepare and distribute the Annual Evaluation Report in accordance
with AML-22.
C. AML Topics for Review in 1998
1. State's on-the-ground reclamation is successful.
Evaluation Parameters: Do completed reclamation projects meet
the requirements of the AML program?
Procedure: This evaluation will include review of ADPCE project
files and site inspection. Not less than two completed projects and
one in progress will be reviewed. The review will include
comparing work identified in the approved grant with completed
projects and active projects.
Schedule: A schedule for site visits and file reviews will be
coordinated with ADPCE in order not to interrupt the work
schedule.
2. The State must have an approved reclamation plan which meets
the requirements of Federal laws and regulations and must conduct
reclamation in accordance with its plan.
Evaluation Parameters: Does the State AML program comply with
NEPA as required? Is construction completed on schedule (within
the performance period)? Are the final costs of the project, as
compared to the program's original estimates, appropriately
documented and supported? Are projects completed in an
environmentally sound manner and in compliance with all State
and Federal statutory and regulatory requirements to minimize both
short- and long-term effects? Are measures to control
sedimentation, water pollution, enhance wildlife or other natural
resources values effective. Did the State obtain all necessary
permits in a timely manner, to include those pertaining to historic
preservation, wetlands preservation and restoration and stormwater
discharge?
Procedure: Review ADPCE files to identify actions dealing with
environmental requirements for short-term and long-term effects.
ADPCE's coordinating activities will be compared to its approved
AML plan. The standard for the review will be Arkansas' approved
AML plan, SMCRA and 30 CFR Part 882. The review will include
not less than three completed projects.
Schedule: File reviews will be coordinated with ADPCE in order
not to disrupt the work schedule.
IV. Agreement
This agreement covers activities beginning October 1, 1997. The agreement may be
amended in writing at any time through the mutual agreement of the parties. This
agreement may be terminated in whole or in part in writing by either party. However, no
such termination shall be effected until the parties have attempted to resolve any
disagreement.
Michael C. Wolfrom Date Floyd Durham Date
Director Chief
Tulsa Field Office Surface Mining & Reclamation Div.
Office of Surface Mining Arkansas Department of Pollution
Control and Ecology