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Oklahoma Performance Agreement |
I. Goals and Objectives and Plans for Achieving Them
A. Office of Surface Mining (OSM) Objectives and Plans
OSM's 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. With primacy, OSM can meet
these goals only by ensuring that the Oklahoma program is implemented
in accordance with the program approved by the Secretary of the Interior.
OSM's specific plans are to work with Oklahoma to provide resources,
technical expertise, and evaluation of the implementation of the State
program. OSM will work together with Oklahoma to implement the
Surface Mining Control and Reclamation Act of 1977. 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 review permitting actions, inspection and
enforcement records, grants management records, and other documents
in accordance with OSM policies.
OSM's specific objective is to provide feedback to the State so that on-the-ground
problems can be identified and corrected as soon as possible.
Another objective is to provide positive reinforcement to the State when
program implementation is appropriate.
B. State Objectives and Plans
The Oklahoma Department of Mines' (ODM) goal is full implementation of
the approved regulatory program. ODM plans to continue its inspection
and enforcement and permit review activities to ensure that the State
program is implemented in accordance with the Oklahoma Title 45
statutes.
II. Evaluation
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 the performance agreement. 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 the implementation of the Oklahoma program.
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
1. Issues from previous evaluations.
(a) Reclamation and bonding failures
(1) Surety reclamation in lieu of forfeiture
(2) Contractor reclamation with forfeited funds
(3) Alternative enforcement actions
(4) Bond forfeiture process
(5) Permittee compliance schedules in lieu of forfeiture
(b) Bonding ( bonding instruments and records)
(c) Permit defects
(d) Ground-water hydrology
(e) Surface-water hydrology
(f) Permit review procedures
(g) Off-Site Impacts (See Appendix II)
(h) Reclamation Success (See Appendix III)
2. New Topics
(a) Postmining Land Use (See Appendix V)
(b) Customer Service (See Appendix IV)
(c) Whistle blower protection
(d) Water monitoring waivers/reductions
(e) Bond adequacy
B. Procedures for Evaluation
The basic standards for evaluation will be the requirements of the
Oklahoma program.
Evaluation procedures will be developed that are specific to each topic.
The topic-by-topic evaluation procedures 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 ODM will work jointly to design and
carry out evaluation studies whenever possible. Reports of the findings
will be prepared. OSM and ODM will discuss the findings so that the
merits of issues are explored, and so that OSM and ODM jointly identify
causes for issues and develop methods for resolving them. Specific-topic
procedures are listed in Appendix I.
C. Innovative Actions
OSM encourages the recognition of all innovative approaches to
managerial efficiency, problem resolution and environmental protection;
and recognition of extraordinary achievements by both ODM and the coal
mining permittees.
III. Methods for Resolving Issues
To resolve issues that arise from evaluation studies, OSM and ODM will jointly
develop a process for resolving each issue identified. Each issue may require
several methods of resolution, but may include:
Changes to the performance agreement or action plans
Technical assistance or training provided by OSM
Follow-up evaluations
When practical, success of issue resolution will be measured by on-the-ground
abatement of the problem that precipitated the issue.
IV. Technical Assistance that OSM Will Provide
OSM will provide technical assistance as needed. This will include the TIPS
system, technical expertise in specific areas, and training. OSM will continue the
assistance with AEA's initiated under the 30 CFR Part 733. In accordance with
the State's request, OSM will work with ODM to develop guidance in the
following areas:
(a) Development of guidelines for determining the appropriate amount
of water, and the appropriate slopes for permanent impoundments.
(b) Improved guidelines for plans and specifications for bond forfeiture
reclamation work.
(c) Implementation of OAC 460:20-15-5(a)(2) requirements for public
availability of permit/renewal/significant revision applications.
(e) Permitting of roads.
(f) Standardization and networking of data bases.
V. Data that Oklahoma Will Provide to OSM
ODM 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.
Notices of bond release 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.
VI. Data that OSM Will Provide to Oklahoma
OSM will continue to provide Oklahoma with:
Federal Register notices.
Copies of OSM inspection reports.
Copies of enforcement documents including results of judicial proceedings
Copies of Oklahoma oversight studies.
Compiled data on inspection and enforcement, permitting actions, grant
applications, and other data that is prepared for the Annual Evaluation
Report.
VII. Terms of Agreement
This agreement covers activities for Evaluation Year 1998 and 1999. 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.
VIII. Approval
Michael C. Wolfrom, Director Date James Hamm, Director Date
Tulsa Field Office Oklahoma Department of Mines
Office of Surface Mining
APPENDIX I
TOPIC-BY-TOPIC PROCEDURES FOR 1998 OVERSIGHT EVALUATION
Issues from Previous Evaluations
| Topic | Concern | Review to be done by | Details of review | Time Frame |
|---|---|---|---|---|
| 1(a) Reclamation and bonding failures: (1) surety reclamation in lieu of forfeiture | Follow-up of previous evaluations and of July 3, 1997 letter | OSM/
ODM OSM Contact: J. Zingo ODM Contact: Rhonda Dossett | Verify implementation of new policy, e.g., conference procedures, agreement and compliance schedules, participation of ODM affected parties, notifications to sureties. Conduct OSM inspections of each site to confirm compliance with approved reclamation plan. | Study 2/98 - 10/98. Discuss with ODM management by 10/98. |
| (a) Reclamation and bonding failures: (2) Contractor reclamation with forfeited funds | Follow-up of previous evaluations and of July 3 1997 letter | OSM/
ODM OSM Contact: J. Zingo ODM Contact: Don Beam | Verify implementation of new policy, e.g., sequence of reclamation, adequacy of technical plans, protection of topsoil and other critical resources, follow-up work. OSM to conduct field reviews to determine compliance with ODM policy & procedures. | Study 2/98 - 10/98. Discuss with ODM management by 10/98. |
| 1(a) Reclamation and bonding failures: (3) Alternative enforcement actions | Follow-up of previous evaluations and of July 3, 1997 letter. | OSM/
Solicitors/
ODM OSM Contact: J. Zingo ODM Contact: Catherine Jenkins | Verify implementation of new policy, e.g., asset checks of owners/ controllers, ICP's/ injunctions/criminal actions to compel reclamation, timing of AEA actions, reclamation cost estimates | Study K&R Alpine, and Savage/Trans-western 3/98 - 5/98. Discuss with ODM management by 6/98. Study ODM's progress on other AEA's 10/98 - 12/98. Discuss with ODM management by 12/98. |
| 1(a) Reclamation and bonding failures: (4) bond forfeiture process | Follow-up of previous evaluations and of July 3, 1997 letter | OSM/
ODM OSM Contact: J. Zingo ODM Contact: Don Beam | Verify implementation of new policy, e.g., forfeiture recommendation, order of forfeiture, conferences, disposition of bond proceeds | Begin study 9/98; complete and discuss with ODM manage-ment by 12/98. |
| 1(a) Reclamation and bonding failures: (5) Permittee compliance schedules in lieu of forfeiture | Follow-up of previous evaluations and of July 3, 1997 letter | OSM/
ODM OSM Contact: J. Zingo ODM Contact: Rhonda Dossett | Verify implementation of new policy, e.g., order of forfeiture, compliance schedule, monitoring of reclamation activities, and enforcement. OSM inspections of each site to confirm compliance with approved reclamation plan. | Begin study 2/98 to 10/98; complete and discuss with ODM management by 10/98. |
| 1(b) Bonding. Bonding instruments and records. | Follow-up of the EY97 Bonding Oversight Evaluation Report. The concern is the collectibility of reclamation performance bonds may be impaired by irregularities in bonding instruments and record keeping. | ODM/ OSM OSM Contact: J. Zingo ODM Contact: Margaret Mason | Follow-up on OSM recommendations of June 97 to determine if bonding instruments and records meet program requirements and generally accepted industry standards. | Begin study by 3/98; complete study and discuss with ODM management by 6/98. |
| 1(c) Permitting topics. | Follow-up of previous evaluations. | OSM/
MCRCC/
ODM OSM Contact: J. Zingo ODM Contact: Tekleab Tsegay | Monitor ODM's continued implementation of its action plan to resolve: (1)geologic baseline data/overburden analysis/acid & toxic materials handling plans; (2)impoundment/ diversion designs; (3)slope stability analysis; (4) using comments and requesting approvals of UFWS & ODWC for wildlife protection plans. Use permitting actions approved since 10/97. Include follow up of OSM's recommendations from EY 96 reviews. | Begin review by 5/15/98. MCRCC reports complete by 7/15/98. Discuss findings with ODM management by 8/98. |
| 1(d) Ground-water hydrology. Effects of underground mining, adequacy of baseline data, meeting water quality standards, material damage criteria, written findings, verification of data. | This is a citizen identified issue that mining and reclamation impacts to the ground-water systems are not being fully evaluated during the permitting process. ODM is concerned about jurisdiction and a lack of consensus on what water quality standards ODM must enforce. | OSM/
MCRCC
ODM OSM Contact: J.Zingo ODM Contact: Tekleab Tsegay | Review recently approved permitting actions to determine if mining and reclamation impacts to ground-water hydrology are adequately considered during the permit review process. Study will address ODM jurisdiction over water quality standards and follow up on OSM's recommendations from EY 96 review. | Begin study by 4/99; MCRCC complete reports by 7/99 and discuss with ODM management by 8/99. |
| 1(e) Surface-water hydrology. PHC's, CHIA's, engineering aspects of impoundments and diversions, wetland/flood plain impacts, material damage criteria, meeting water quality standards, written findings, verification of data including landowner requests for permanent impoundments. | Follow-up on concerns documented from previous evaluations and public outreach. Concerns expressed by citizens and agencies that indicate mining and reclamation related impacts to the hydrologic system may not by fully evaluated during the permitting process. Some landowners have asserted that their positions on retention of impoundments have been misrepresented by operators in some permitting actions. | OSM/
MCRCC
ODM OSM Contact: J. Zingo ODM Contact: Tekleab Tsegay | Review recently approved permitting actions to determine if mining and reclamation impacts to surface-water hydrology are adequately considered during the permit review process. Study will include element to determine if landowner comments are verified. Study will address ODM jurisdiction over water quality standards. Review will also include follow up on recommendations from EY 96 review. | Begin review by 5/98; MCRCC complete reports by 8/98; Discuss findings with ODM management by 8/98. |
| 1(f) Permit review procedures. | This is a citizen identified issue. The concern is that ODM does not have an effective permit review system in place that results in permit decisions that met program requirements. | ODM/ OSM OSM Contact: J. Zingo ODM Contact: Mary Ann Pritchard | Reference items reviewed at 1(b), 1(c), 1(d), 1(e) & 2(e). | Reference items reviewed at 1(b), 1(c), 1(d), 1(e) & 2(e). |
| 1(g) Off-site impacts. | OSM national concern. REG-8 | OSM/
ODM OSM Contact: J. Zingo ODM Contact: Rhonda Dossett | Determine effectiveness of State program in protecting environment and public from off-site impacts of surface coal mining and reclamation operations. See Appendix II | Ongoing during EY 98. |
| 1(h) Reclamation Success | OSM national concern. REG-8 | OSM OSM Contact: J. Zingo ODM Contact: Rhonda Dossett | Evaluate effectiveness of State program ensuring successful reclamation of lands affected by surface coal mining operations. See Appendix III | Ongoing during EY 98. |
TOPIC-BY-TOPIC PROCEDURES FOR 1998 OVERSIGHT EVALUATION New Topics
| Topic | Concern | Review to be done by | Details of review | Time Frame |
|---|---|---|---|---|
| 2(a) Postmining land use. Postmining land-use team requirements/recommenda-tions | Concern resulted from OSM document review. | ODM/
OSM OSM Contact: J. Zingo ODM Contact: James Hamm | ODM/OSM team initiated study early in EY 97. Remaining work is detailed in 3/18/97 letter at Appendix V. | Request ODM response to 3/18/97 letter by 4/1/98, discuss OSM findings with ODM by 6/1/98. |
| 2(b) Customer Service | OSM national concern. REG-8 | ODM/
OSM OSM Contact: J. Zingo ODM Contact: Mary Ann Pritchard | Evaluate ODM's responses to complaints and requests for assistance and services. Review administrative and judicial reviews for timeliness, accuracy, completeness, and appropriateness of State actions. See Appendix IV | Begin study by 4/98 and complete report by 7/98. Discuss by 8/98. |
| 2(d) Water monitoring waivers/reductions in frequency. | Concern was raised during OSM document review. | OSM/
MCRCC/
ODM OSM Contact: J. Zingo ODM Contact: Rhonda Dossett | Determine if ODM's waivers/reductions in frequency of water monitoring comply with its approved program. Study will include settlement agreements/compliance schedules that address reclamation in lieu of bond forfeiture. | Begin study by 6/99 and present MCRCC findings to ODM management by 8/99. |
| 2(e) Bond adequacy | Concern was raised during document review by citizen input and ODM personnel. | OSM/
MCRCC/
ODM OSM Contact: J.Zingo ODM Contact: John Privrat | Evaluate the adequacy of bond on active permits. Appropriateness of bond calculations and ability to conduct third-party reclamation. | Begin study by 7/98 and complete MCRCC report by 11/98. Discuss with ODM manage-ment by 11/98. |