I. Goals and plans for achieving them
The Office of Surface Mining Reclamation and Enforcement's (OSM) main goal is to ensure that coal mining operations do not adversely affect the natural and human environment during and after coal mining and reclamation. In States that have programs approved pursuant to the Surface Mining Control and Reclamation Act of 1977 (SMCRA), OSM's goal is to ensure that the State program is no less effective than a Federal program would be and to ensure that the State program is fully implemented. The goal for the Louisiana Office of Conservation (LOC) as the regulatory authority in Louisiana is to fully implement the approved State program. With these common goals, OSM and LOC share a commitment for achieving the purposes of SMCRA.
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 inspect mines in accordance with OSM's policies, concerns of citizen's, and concerns of OSM staff. OSM will also routinely review grants, permitting actions, inspection and enforcement records, and other actions in accordance with OSM policies.
OSM will provide feedback to LOC so that on-the-ground problems can be identified and corrected and so that LOC's accomplishments are noted.
II. Oversight Workplan for the Regulatory Program
OSM's Directive REG-8 provides instructions for the oversight of State 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. Workplans will also consider State needs and should include self-evaluation studies conducted by the State. 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.
With the emphasis of oversight being directed toward on-the-ground results of mining and reclamation, OSM will inspect all active mining operations if possible. TFO's inspections will include looking at off-site areas that are potentially impacted by mining and reclamation operations to ensure that off-site impacts are identified. TFO will conduct as many bond release inspections as possible to ensure that it can evaluate reclamation success. OSM will provide LOC with results of the inspections through inspection reports and through Ten-Day Notices when potential violations are observed that have not been cited. Data from OSM's inspections will be analyzed to identify trends in the implementation of the State program.
A. Topics to be evaluated in 1999
1. Off-site impacts
2. Reclamation Success
3. Customer Service
4. Sedimentation Control
5. Temporary Cessation
6. Bond Adequacy
B. Procedures
The basic standards for evaluation will be the requirements of the State program. Procedures will be developed that are specific to each topic. OSM and LOC will work jointly to carry out evaluation studies whenever possible. Reports of the findings will be prepared. OSM and LOC will discuss the findings so that issues are properly explored from all perspectives. Topics-specific plans and procedures are listed below:
| Topic | Reason for Review | Details of review | Time Frame |
| Off-site impacts. | OSM emphasis. | 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- 1999, data on off-site impacts will be collected. In October 1999, 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. |
| Reclamation Success. | OSM emphasis. | 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:
TFO will attend as many bond release inspections as possible to ensure that its evaluation concentrates on the on-the-ground success. |
TFO will analyze the information collected from bond releases and prepare a report on reclamation success at the end of the evaluation year. |
| Customer Service | OSM Emphasis | TFO will review files and analyze information
on:
|
The review will be completed by August 1999. |
| Sedimentation Control | Concern from Inspections | On mine inspections, TFO observed large active mine areas with excessive sedimentation. TFO will jointly evaluate whether sedimentation control plans provide the protection that the State program requires. TFO will seek the assistance of technical specialists to conduct this review. | The review will be completed by July 1999. |
| Temporary Cessation | Concerns from Inspections | On mine inspections, TFO observed large disturbed areas that were in temporary cessation. TFO will jointly evaluate whether the allowance of large areas in temporary cessation meets the State program requirements and whether they compromise contemporaneous reclamation requirements. | The review will be completed by May 1999. |
| Bond Adequacy | Concerns from Inspections | On mine inspections, TFO became concerned as to whether the large areas in temporary cessation were accounted for in the bond amounts. As a result, TFO will seek the assistance of technical specialists to evaluate whether the bond amounts are adequate. | The review will be completed by May 1999. |
C. Methods for Resolving Issues
To resolve issues that arise from evaluation studies, OSM and LOC will jointly work to develop a process for resolving each issue. Each issue may require different methods for resolution, but may include specific action plans, technical assistance or training, and follow-up evaluations.
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 based on requests from LOC. This will include the TIPS system, technical expertise in specific areas, and training.
E. Core data that will be provided
1. LOC will provide OSM with:
copies of current applicable State laws and regulations;
copies of permits applications that have been issued with all revision and renewal documents;
copies of inspection reports of all complete and partial mine inspections;
copies of enforcement documents including hearings records;
compiled data on inspection and enforcement, permitting actions, and other data that is required for the preparation of the Annual Evaluation Report including reports on off-site impacts and bond releases;
documents relating to grants, AML inventories, and AML reclamation projects.
2. 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 Louisiana;
copies of OSM research studies relating to Louisiana.
This workplan covers activities for the 1999 evaluation year. It may be amended in writing at any time through the mutual agreement of the parties. It may be terminated in whole or in part in writing by either party. However, no such termination shall be effective until the parties have attempted to resolve any disagreement.
Signatures:
Michael C. Wolfrom Date Philip Asprodites Date
Director Commissioner
Tulsa Field Office Department of Natural Resourses
Office of Surface Mining Louisiana Office of Conservation