Performance Agreement
|
|
Pennsylvania Performance Agreement |
| |
Part I. Purpose
Background OSM's administration of State primacy creates the framework within which States
carry out the mandates of the Surface Mining Control and Reclamation Act (SMCRA) through their
approved programs. SMCRA provides that individual States will tailor their program provisions as
needed to meet local conditions; OSM supports the States in accomplishing this as long as resulting
State requirements are maintained within the overall structure of the Act. Consequently, State
programs differ significantly in both content and in the manner in which they operate to address
SMCRA requirements. Similarly, Field Office evaluation of State program effectiveness (oversight)
must be tailored to provide timely, focused support and assistance to the individual States in
implementing and carrying out their uniquely structured primacy programs.
The oversight process provides OSM the means to assure the individual States are appropriately
addressing SMCRA requirements as they develop and administer their laws, regulations and
programs. The ongoing oversight/evaluation process allows timely identification and resolution of
issues and serves to keep the State programs in alignment with SMCRA. This process also serves
to identify areas where OSM needs to clarify its expectations of how SMCRA is to be implemented
by the States.
Objective The purpose of this Work plan agreement between the Harrisburg Field Office, Office of
Surface Mining Reclamation and Enforcement and the Pennsylvania Department of Environmental
Protection (PADEP), Mineral Resources Management, is to:
Foster mutual respect in building a shared commitment to carrying out SMCRA.
Assure oversight topics reflect OSM/State priorities and consider the impacts on State
resources needed to participate in and support OSM's oversight effort.
Measure program effectiveness using on-the-ground, performance-based (not process-based)
results as the principal focus of program evaluation and documentation.
Support PADEP in tailoring its primacy program to address local conditions.
Focus on technical assistance and programmatic review over case-by-case evaluation.
Provide timely follow-through on identified program enhancements.
Document and evaluate PADEP customer service quality.
Encourage State self-evaluation and avoid duplication of existing self-evaluation areas.
Provide for OSM and PADEP peer review of oversight reports.
This agreement is to be included in the Evaluation File maintained by the Field Office and will be
available for public review.
Part II. Annual Evaluation Plan
Background OSM's Directive REG-8 establishes the framework within which OSM conducts
annual oversight of State programs. The Directive provides Field Offices a wide range of flexibility
in designing and conducting program evaluation, involving the state in developing and conducting
the evaluations and reporting on the results of oversight activity. Oversight is intended as an ongoing
process occurring throughout the year; involving analysis of inspection findings, program data, grant
reports, internal control reviews, and other information identified in the annual plan. As the
individual activities are accomplished, the results and findings are to be fully discussed with PADEP
for disposition or follow-up activity, as appropriate.
Within that content, ongoing Field Office oversight processes are designed to focus on on-the-ground
program evaluation and stress prevention, detection, and prompt correction of any noted problems.
In-depth studies of selected program areas emphasize overall success of reclamation and whether
the programs are meeting the goals of SMCRA. Oversight also focuses on identifying innovative
approaches to accomplishing program objectives, problem resolution, or environmental protection,
and recognition of areas of outstanding approved program implementation.
Annual Plan Annually, oversight activity is updated for the coming evaluation year, specifically
targeting oversight and assistance to the Regulatory, Abandoned Mined Lands, and Grants programs.
The annual update identifies the program areas for review during the year. The oversight topics
reflect PADEP's and the Field Office's consensus on the highest priority review areas and/or
assistance needs, and is developed with significant input from other interests, including citizens and
the coal industry. The annual evaluation plan will be modified as appropriate, as issues are resolved,
new issues arise, or as work priorities change. The list of specific oversight activities for this year
is shown in Attachment A.
Each study area listed in Attachment A is to be developed in conjunction with PADEP, including
defining the anticipated scope, methodology, time period, population size, sampling scheme, and
sample size of the proposed review. These activities are intended to be carried out with PADEP
participation, so review outlines will also identify the nature of any involvement of PADEP or other
branch of OSM during the course of the individual studies. Where PADEP develops and maintains
internal control systems, the Field Office will rely on State monitoring and reporting to evaluate
compliance of program requirements. PADEP reports should identify any shortcomings in
performance and timetables for recommended actions to prevent future occurrences.
Public Input Public comments are a critical aspect in developing OSM's oversight process,
particularly recommendations for review topics and suggestions for program improvements.
Oversight planning, done in close collaboration with the State, also necessitates outreach to citizens,
environmental groups, local governments, other State and Federal Agencies, the coal industry,
consultants, and other public interest groups. Input from these groups will assist in prioritizing
issues and in developing the specific evaluation techniques to be used.
Part III. Resolving Issues
The primary value of oversight over the long term is program enhancement. As weaknesses, gaps,
or areas for program improvement are identified, the focus necessarily shifts from evaluation to
resolution. OSM and PADEP agree to strive to promptly resolve issues as they arise, in a
cooperative and productive manner. The oversight team or a separate quality improvement or
problem resolution team can be formed consisting of State, Field Office, and Appalachian Regional
Coordinating Center (ARCC) members, or other members, such as public or industry representatives,
as appropriate. Resolution may cross evaluation years and may take priority over additional
oversight studies until accomplished. Where the current State program does not meet SMCRA
requirements, PADEP and the Field Office agree to expeditious program amendment submission and
processing, including informal submission of amendment drafts to foster better understanding of
amendment content and State interpretation of these proposed program revisions.
Part IV. Program Information Database
PADEP provides the Field Office with access to the State's database of program information known
as the LUMIS computer system. The database is maintained and updated by the State in a timely
manner. The State agrees to continue providing the Field Office with full "read-only" access to the
system and the capability to download raw data for analysis. The existence of this database
maximizes consistency between PADEP and Field Office data, reduces duplication of files and
documents, and reduces the need for Field Office review of PADEP program documents.
Additionally, the Field Office provides PADEP with quarterly summaries of information from its
inspection data base and agrees to provide raw data to PADEP whenever requested.
Part V. Signatures
Representing the Pennsylvania Department of Environmental Protection, and the Office of Surface
Mining Reclamation and Enforcement, Harrisburg Field Office, the following parties agree to the
purpose, goals, and anticipated actions proposed in this Work plan agreement:
Robert J. Biggi Date Robert C. Dolence Date
Director Deputy Secretary
Harrisburg Field Office for Mineral Resources Management
Office of Surface Mining Department of Environmental Protection
Reclamation and Enforcement Commonwealth of Pennsylvania
ATTACHMENT A
Study, Assistance and Review Areas
FY98 OSM/PADEP Workplan
ENVIRONMENTAL PROTECTION
Underground Mining Operations
1. Subsidence Damage and Water Supply Replacement (EPACT - Act 54)
Outreach OSM and PADEP will provide outreach and notification to property owners and
operators on their rights and responsibilities under State and Federal subsidence laws and
regulations. Outreach will address both the "EPACT Window" (October 92 to August 94)
and post State "Act 54" time periods.
Implementation OSM and PADEP will continue coordinating the implementation of State
and Federal subsidence damage repair and compensation, and water supply replacement
investigations and actions, as set forth in Federal Register Notice dated July 28, 1995.
Agreements OSM and PADEP will evaluate the use of pre- and post-subsidence agreements
between coal companies and property owners to ensure that agreements are not inconsistent
with the requirements of EPACT and Act 54.
EPACT "Window" Review OSM will conduct reviews of EPACT investigations done by
PADEP on behalf of OSM, for subsidence and water loss related cases during the October
'92- August '94 "EPACT Window." Follow-up inspections may be done as part of this
review, where necessary.
Act 54 Oversight OSM will conduct an oversight review of PADEP subsidence damage
repair and compensation, and water supply replacement determinations made under Act 54.
2. Other Underground Mine Program areas
PHC and CHIA OSM will complete an oversight evaluation of PADEP's PHC and CHIA
procedures for underground mines. The evaluation, initiated last year, is to assess the
effectiveness of PHC/CHIA's in protecting hydrologic balance.
Surface Mine Subsidence Inspections OSM will assist and support PADEP in recently
implemented procedures for monitoring underground mining operations with planned
subsidence as mining progresses. PADEP has implemented a program providing for
inspections of areas above underground mine workings (shadow areas) and assistance to
surface owners. The inspections also address surface impacts to land and streams as well as
structures.
ENVIRONMENTAL PROTECTION
Acid Mine Drainage (AMD) Prevention
1. AMD site inventory
PADEP has initiated a major effort to update, define and further characterize the AMD
problem in Pennsylvania. OSM will provide assistance to PADEP, as requested.
Inventory Enhancement Part of the AMD problem consists of active and inactive sites,
sites in reclamation and forfeited sites with conditions requiring long-term AMD treatment.
PADEP will continue developing and analyzing inventory data on AMD discharges from
these sites in terms of actual or potential impact on receiving streams. PADEP intends to
explore options and develop contingency plans for abatement of long term treatment. OSM
will assist PADEP with inventory enhancement, as requested.
2. Permitting effectiveness relating to AMD prediction and prevention
PADEP is initiating a comprehensive assessment of sites where AMD developed to
determine causes of the failure. PADEP will use the study results to enhance effectiveness
in reviewing and approving new permits, developing and applying Best Management
Practices (BMP's), and in monitoring existing sites to provide for early detection and
prevention of new sources of AMD. OSM will provide technical support by participating
on the team conducting the "post-mining failures" on the AMD sites.
3. Enhanced monitoring of AMD conditions at active mining sites
Increased Inspections PADEP will provide increased inspection activity on active sites
identified by PADEP as having the potential for generating AMD (AMD risk sites). The
objective is to monitor these sites for early detection of AMD problems and assess the need
to revise mining or reclamation plans to prevent post-mining discharges. OSM will assist
in developing the AMD inspection format and in conducting a sample of AMD inspections.
Technical Review The "post-mining failures" team will also select a sample of active AMD
risk sites to assess on-the-ground conditions. The results will assist inspectors in monitoring
these sites and allow PADEP to determine whether there is a need to revise mining or
reclamation plans to prevent post-mining discharges. OSM will provide technical support
for the reviews.
4. Bonding considerations addressing liability for AMD
Long term Treatment PADEP will continue to identify and assess sites where long-term
AMD treatment is required, including bond forfeiture sites. Sites will be reviewed to identify
measures needed to address AMD problems, including bond adjustment or other financial
assurances or remedial measures. The objective is to provide capability adequate to address
abatement or treatment of long-term AMD conditions.
ENVIRONMENTAL PROTECTION
Compliance Monitoring
1. On-the-ground compliance
Follow-up Inspections OSM and PADEP will continue to conduct follow-up inspections
after State complete inspections on targeted performance standard categories. The
inspections will review PADEP's determination and actions regarding site compliance. The
objective is to evaluate PADEP's effectiveness in achieving the goal of maximizing minesite
compliance.
Methodology OSM and PADEP will develop methodologies for effective internal
management control reviews with respect to monitoring, assessing and reporting regulatory
program effectiveness in meeting performance standard requirements and permit conditions
impacting on-the-ground compliance.
2. OSM Program evaluation inspections
REG-8 Inspections OSM will conduct those inspections needed to evaluate State's
administration of its approved regulatory program. Inspections to assess on-the-ground
program success include measuring off-site impacts and reclamation success, as set forth
under OSM Directive REG-8. These inspections will include targeted inspections such as
bond release and bond forfeiture inspections.
PADEP Participation PADEP will participate in REG-8 oversight and inspection program,
including the planning and carrying out of any studies and strategies to assure all REG-8
areas are accomplished.
3. Ten-Day Notices (TDN's)
TDN Coordination OSM and PADEP will assure all relevant facts upon which
determinations are based are included in the issuance of TDN'S, in TDN responses and
decisions regarding the appropriateness of the PADEP's response.
Program Implications As required under Directive INE-35, OSM will continue to review
TDN cases for any underlying program issues that may be the source of differing
interpretations of Federal requirements and the manner in which they are contained in and
carried out under, the approved State program.
ENVIRONMENTAL PROTECTION
Remining
OSM will continue to support the extensive remining program initiative undertaken by PADEP last
year. This effort includes a wide range of program areas involving regulatory and procedural
enhancements needed to implement the program.
Assistance OSM will assist PADEP in implementing program changes for PADEP's remining
initiatives that include a Remining Operator's Assistance Program, financial assurances for bonding
Remining areas, bond credits for voluntary reclamation of abandoned mine lands and no cost
contracts. OSM will work with PADEP to assess the value of various Remining practices to achieve
a net environmental gain on sites with pre-existing discharges. In addition, OSM will assist PADEP
in developing the AML program amendment to address adversely affected mine lands through
government financed construction (see AML Program elements below).
Remining Initiatives OSM and PADEP will jointly develop a list of remining initiatives to be
addressed during the evaluation year. PADEP and OSM will identify those initiatives that the
PADEP believes would be of greatest benefit in promoting remining in Pennsylvania. OSM and
PADEP will develop a schedule of work elements needed to carry out each initiative.
Evaluation of Obstacles OSM and PADEP will evaluate OSM's rules, regulations and procedures
which may present potential obstacles to the specific Remining initiatives developed through the
above process and identify options for overcoming the obstacles.
Site Identification PADEP will identify at least two sites where remining would result in
substantial environmental improvements and is in the best interest of the Commonwealth. The sites
will be evaluated by OSM and PADEP to identify ways to resolve any barriers to remining.
ENVIRONMENTAL RESTORATION
Abandoned Mine Land Program
In addition to the oversight-based activities provided for in REG-8, OSM will carry out the following
activities in support of the AML program initiatives;
Authorizations to Proceed The Field Office will continue to process requests for Authorizations
to Proceed for AML Grant Projects in coordination with BAMR.
AML Amendments The Field Office will continue to work with PADEP to develop the program
amendment for increasing AML reclamation opportunities through government financed
construction. The amendment will also allow PADEP to enter into agreements with operators to
direct the reclamation of AML lands adjacent to active mine operations through the use of excess
spoil.
Emergency Investigations The Field Office will respond to citizens requests to investigate AML
problems for possible emergency response, coordinating the investigations with the BAMR to
determine the most effective program for response.
Grant Request Reviews The Field Office will provide program review of AML grant requests and
reports, and respond to BAMR, OSM and other requests for assistance, advice, and information.
Emergency Program The Field Office and PADEP to discuss Pennsylvania's possible
consideration regarding assumption of the AML emergency program.
Appalachian Clean Streams Initiative (ACSI)
OSM will continue to coordinate the implementation of activities established under the ACSI
workplan. Additionally, OSM will continue providing information and assistance to the
Pennsylvania AMD watershed groups, attending meetings, site dedications, and AMD problem
sites as schedule permits. The major components of this effort involve the following activities;
Comprehensive Mine Reclamation Strategy Continue to support PADEP's Comprehensive Mine
Reclamation Strategy, and the new Comprehensive Plan for Abandoned Mine Reclamation.
Continue processing submissions for 10% AMD Set Aside Projects, and support the use of other
Title IV grant funds for high priority AMD projects.
Participation on Work Groups Serve on work groups with BAMR and other partners to monitor
progress on the ACSI projects at Little Toby Creek, Quemahoning Creek, and the two proposed
projects for FY98.
PROGRAM ADMINISTRATION
Program Amendments
1. Outstanding Program Amendment Actions
The Field Office will continue working with PADEP in developing and processing an
amendment to the AML Reclamation Plan for the government-financed construction
contracts program ( AML Reclamation Plan amendment #2).
PADEP priorities are Act 54 and Act 173, including implementing regulations.
PADEP will continue efforts to have Attorney fee Legisilation passed by the legislature.
The priority for OSM action is Act 114, Coal Refuse Disposal Act.
2. Revised PADEP and OSM program amendment procedures
Joint OSM/PADEP workgroup to address revised procedures to coordinate development,
submission and review of program amendments. Assess delays in the processing of any
outstanding program amendments.
Grants
Conduct one level one and two level two drawdown reviews of the AML and regulatory
grants through the Pennsylvania Comptroller's Office.
With PADEP, resolve any findings that arise through A-128, GAO or OIG audits.
Under the regulatory grant, conduct a general overview of internal controls and management
of the SOAP program.
Under the AML grant, form an OSM/PADEP team to evaluate the reporting process and
information supplied in reports, to determine if any changes are appropriate to make the
reports more effective.
Workplan effectiveness
Conduct a review of OSM's ongoing and planned support to PADEP and develop options to enhance
the effectiveness of OSM's support in helping PADEP accomplish implementation of SMCRA
through the approved State program.
Provide an ongoing review of the Annual Workplan, regarding timeliness and effectiveness of
implementation, make adjustments accordingly.
OSM and PADEP to respectively provide information on scheduled meetings with public interest
groups, and where appropriate, an opportunity to participate. Following such meetings, provide
timely meeting notes.