05/
21/
2002
Page
1
OSM­
EPA_
meeting_
2002­
04­
02.
doc
April
2,
2002;
1:
00
 
3:
00
PM
EPA
/
SMCRA­
CCB
Overview
This
meeting
with
EPA
followed
my
offer
to
review
the
SMCRA­
CCB
Overview
paper
with
Dennis
Rudy.
The
paper
was
emailed
to
Dennis
3/
18/
02.

Meeting
consisted
of
informational
discussion,
mostly
answering
questions.

Items
needing
additional
information.
1)
OSM
methods
of
addressing
citizen
complains.
2)
Method
of
response
given
to
citizen
comments
on
permit
applications.
3)
Availability
of
PHC/
CHIA
reports
for
public
comments.
4)
Non­
degradation
 
Relation
to
minimum
concentration
levels
(
MCL).
5)
Material
damage
­
Application
to
hydrology.

OSM:
Randall
Mills
EPA:
Dennis
Rudy
Truett
DeGeare
Bonnie
Robinson
Stuart
Walker
05/
21/
2002
Page
2
OSM­
EPA_
meeting_
2002­
04­
02.
doc
1)
OSM
methods
of
addressing
citizen
complains.

A
citizen
can
use
the
petition
process
to
ask
for
a
change
addressing
his
complaint.
The
following
text
is
taken
from
an
OSM
webpage,
http://
www.
osmre.
gov/
citizen.
htm.

Under
the
Surface
Mining
Law
a
citizen
may
request
an
inspection
if
a
violation
is
suspected.
If
your
request
provides
a
reasonable
basis
to
believe
that
a
violation
exists,
you
also
have
the
right
to
accompany
the
mine
inspector
when
he
completes
the
inspection.
The
procedure
for
requesting
an
inspection
should
begin
with
filing
a
request
with
the
state
regulatory
agency,
or
in
the
states
of
Tennessee
and
Washington,
filing
directly
with
the
Office
of
Surface
Mining.

The
request
may
be
made
in
writing
or
orally,
although
an
oral
request
must
be
followed
by
a
written
statement.
The
state
regulatory
agency
must
make
an
inspection
if
you
provide
it
with
a
reason
to
believe
that
a
violation
exists.
An
inspection
must
be
made
within
15
days
of
the
citizen
request,
or
if
there
is
reason
to
believe
that
an
imminent
danger
to
the
public
or
environment
exists,
an
immediate
inspection
is
required.
If
the
state
regulatory
authority
does
not
conduct
an
inspection,
or
if
you
are
dissatisfied
with
the
inspection's
thoroughness,
you
can
request
an
informal
review
of
that
decision
by
the
head
of
the
agency.
The
agency
must
respond
to
a
citizen's
request
for
review
in
writing
within
a
reasonable
time
period
(
usually
no
more
than
30
days).

In
states
with
an
approved
state
regulatory
program,
you
can
file
a
citizen
request
with
BOTH
the
state
agency
and
Office
of
Surface
Mining
simultaneously.
The
state
agency
will
bear
the
primary
responsibility
for
conducting
the
inspection
and
for
taking
any
enforcement
action.
If
you
make
your
request
directly
with
the
Office
of
Surface
Mining
the
state
regulatory
authority
will
be
notified
and
have
10
days
to
take
action.
If
at
the
end
of
that
period
the
state
has
not
taken
action,
or
not
given
good
cause
for
their
action,
a
federal
inspection
will
be
made.

Following
is
an
electronic
form
that
can
be
used
to
file
a
request
for
inspection.
Sending
this
completed
form
will
initiate
the
procedure
described
above
­­
the
state
and
Office
of
Surface
Mining
will
receive
a
copy
and
the
state
will
investigate
the
facts
you
present
on
the
form.
Before
sending
this
request
for
inspection
form
you
may
have
questions
or
want
to
discuss
the
potential
problem
with
the
state
agency
responsible
for
the
mine
you
think
is
in
violation.
The
sample
down­
loadable
form
may
be
used
as
a
guide
to
ensure
you
have
collected
the
necessary
information.
If
you
have
questions
about
filing
a
request
for
inspection
you
may
also
contact
a
local
Office
of
Surface
Mining
office.

The
form
for
the
citizen
request
is
not
shown
here,
it
can
be
viewed
by
going
to
the
web
page
given
above
or
http://
www.
osmre.
gov/
form1.
txt.

The
following
graphic
is
a
schematic
of
OSM's
internal
citizen
complaint
process.
It
was
last
modified
in
1995
by
moving
the
TDN
appeal
review
to
the
Regions.
The
change
decentralized
the
citizen
complaint
process
and
gave
the
Regional
Directors
more
authority
since
they
were
closer
to
the
local
issues.
05/
21/
2002
Page
3
OSM­
EPA_
meeting_
2002­
04­
02.
doc
O
SM
re
ce
iv
e
s
a
ci
t
ize
n
com
p
lain
t
re
q
u
es
t
in
g
a
F
ed
er
al
in
sp
e
ct
io
n
FO
D
d
ete
rm
in
e
s
t
h
at
t
h
e
re
is
a
re
as
o
n
to
b
e
l
ie
v
e
a
v
io
la
tio
n
exists
*

F
OD
issue
s
a
T
DN
to
S
R
A
S
RA
h
as
1
0
d
ay
s
to
p
ro
v
id
e
w
r
i
tt
e
n
resp
o
n
se
F
OD
d
et
e
rm
in
es
w
h
e
th
er
th
e
re
spo
n
se
is
a
p
pro
pr
iate
If
Appropriate
I
f
In
ap
p
r
o
p
r
ia
t
e
S
R
A
re
sp
o
n
se
d
em
on
s
tr
a
tes
a
p
p
r
op
r
ia
te
ac
t
io
n
o
r
g
oo
d
c
au
se
f
or
no
a
c
tion
SRA
response
is
abitrary,
capricious,
or
an
abuse
of
discretion
SRA
may
request
informal
review
of
TDN
by
RD
F
OD
n
o
tif
ie
s
S
R
A
a
nd
c
i
t
ize
n
o
f
ap
p
ro
p
r
i
ate
re
sp
o
n
s
e
RD
affirms,
revers
es,
or
modifies
FOD
RD
forwards
written
response
and
orders
a
Federal
inspection
A
ff
irm
s
F
O
D
R
D
fo
rw
a
rd
s
w
r
i
t
t
e
n
r
e
sp
o
n
s
e
s
ta
t
in
g
S
R
A
to
o
k
a
pp
ro
p
r
iat
e
a
c
t
io
n
o
r
go
o
d
c
a
u
se
fo
r
n
o
a
c
tion
R
e
ve
rs
e
s
F
O
D
FO
notifies
citizen
FO
conduc
ts
inspe
ction
w
ith
ci
t
ize
n
,
if
d
es
i
re
d
C
i
tiz
en
m
ay
ap
p
e
a
l
to
R
D
un
d
e
r
84
2
.1
5
C
i
t
iz
e
n
h
a
s
r
igh
t
o
f
a
ppea
l
to
O
H
A
unde
r
4
3C
FR
p
ar
t
4
CITIZEN
COMPLAINT
PROCESS
F
O
D
f
ind
s
no
r
e
as
on
to
b
e
lie
ve
a
v
io
l
at
i
on
e
x
is
ts
F
O
D
no
tif
ie
s
c
itiz
e
n
Citizen
may
appeal
to
RD
under
84
2.15
Citizen
may
appeal
RD
decision
to
OHA
under
43
CFR
part
4
Citizen
has
right
of
appeal
to
OHA
under
43
CFR
part
4
*
S
om
e
F
O
D
s
f
orw
a
rd
c
iti
z
e
n
c
o
m
p
la
in
ts
to
SR
A
s
w
/
o
p
r
io
r
inv
e
s
tiga
t
io
n
SRA
Request
for
review
No
SRA
request
for
review
FOD
=
Field
Office
Director
RD
=
Regional
Director
SRA
=
State
Regulatory
Authority
TDN
=
Ten
Day
Notice
FO
=
Field
Office
OHA
=
Office
of
Hearings
and
Appeals
There
is
also
a
process
available
to
request
changes
not
related
to
complaints.
§
700.12
Petitions
to
initiate
rule­
making.
Any
person
can
request
the
issuance,
amendment,
or
repeal
of
any
regulation
under
the
Act
(
SMCRA).
With
the
procedures,
the
OSM
Director
must
response
with
90
days
to
grant
or
deny
the
petition.
If
the
petition
is
granted,
a
rule­
making
process
is
initiated.
05/
21/
2002
Page
4
OSM­
EPA_
meeting_
2002­
04­
02.
doc
2)
Method
of
response
given
to
citizen
comments
on
permit
applications.

Under
30
CFR
773.6
(
b),
a
citizen
may
file
written
objections
or
comments
on
a
permit
application
within
thirty
days
of
the
last
required
publication
of
the
newspaper
notice.
The
RA
sends
the
applicant
a
copy
and
a
copy
is
placed
for
public
inspection
at
the
same
public
office
where
the
application
is
filed.

Persons
with
adversely
affected
interests
may
request
an
informal
conference
with
the
RA
under
§
773.13(
c)
within
thirty
days
of
the
last
required
publication
of
the
newspaper
notice.

Under
30
CFR
775.11
and
within
thirty
days
after
an
applicant
or
permittee
is
notified
of
the
decision
of
the
RA,
the
applicant,
permittee
or
any
person
with
an
interest
which
is
or
may
be
adversely
affected
may
request
a
hearing
on
the
reasons
for
the
decision.

Under
30
CFR
775.13,
persons
with
adversely
affected
interests
who
have
participated
in
administrative
hearings
may
appeal
the
decision
of
the
hearing
to
a
judicial
review
by
a
court
of
competent
jurisdiction.

3)
Availability
of
PHC/
CHIA
reports
for
public
comments.

The
PHC
is
part
of
data
collection
and
the
permit
application
that
is
advertised
and
made
available
under
30
CFR
773.6(
a).
The
CHIA
is
completed
by
the
Regulatory
Authority
as
part
of
their
decision
process
to
approve
or
disapprove
the
permit.
The
CHIA
becomes
part
of
the
permit
when
the
permit
is
approved
but
this
is
after
the
public
review
and
comment
period.
It
does
become
part
of
the
files
and
could
be
viewed
after
the
permit
is
approved
or
disapproved
and
therefore
under
30
CFR
773.6(
d)(
1)
where
permit
files
held
by
the
regulatory
authority
are
to
be
available
for
public
inspection
and
copying
at
reasonable
times,
except
as
provided
in
paragraph
(
d)(
2)
or
(
d)(
3).

4)
Non­
degradation
 
Relation
to
minimum
concentration
levels
(
MCL).

MCL
requirements
come
as
a
result
of
the
Clean
Water
Act
and
EPA.
SMCRA
and
our
regulations
require
the
operator
to
minimize
disturbance
of
the
hydrologic
balance
within
the
permit
and
adjacent
areas,
to
prevent
material
damage
to
the
hydrologic
balance
outside
the
permit
area,
to
assure
the
protection
or
replacement
of
water
rights,
and
to
support
approved
postmining
land
uses
in
accordance
with
the
terms
and
conditions
of
the
approved
permit
and
the
performance
standards,
30
CFR
816.41.

§
816/
817.42
Hydrologic
balance:
Water
quality
standards
and
effluent
limitations.
Discharges
of
water
from
areas
disturbed
by
surface
or
underground
mining
activities
shall
be
made
in
compliance
with
all
applicable
State
and
Federal
water
quality
laws
and
regulations
and
with
the
effluent
limitations
for
coal
mining
promulgated
by
the
U.
S.
Environmental
Protection
Agency
set
forth
in
40
CFR
part
434.
05/
21/
2002
Page
5
OSM­
EPA_
meeting_
2002­
04­
02.
doc
5)
Material
damage
­
Application
to
hydrology.

Material
damage
of
the
hydrologic
balance
is
not
defined
by
OSM.
The
regulatory
authority
makes
decisions
on
a
case
by
case
basis.
Material
damage
is
generally
the
unacceptable
degradation
of
surface
water
and/
or
ground
water.
States
tend
to
lean
toward
the
Clean
Water
Act
and
effluent
standards
and
coordinate
with
their
state
water
quality
division
to
define
levels
of
degradation.
OSM
regulations
require
minimization
of
damage
onsite
and
the
prevention
of
material
damage
offsite.
Of
course,
with
bond
release
the
onsite
damages
must
be
taken
care
of
(
past
tense)
and
meet
any
applicable
water
standards.

§
816/
817.42
Hydrologic
balance:
Water
quality
standards
and
effluent
limitations.
Discharges
of
water
from
areas
disturbed
by
surface
or
underground
mining
activities
shall
be
made
in
compliance
with
all
applicable
State
and
Federal
water
quality
laws
and
regulations
and
with
the
effluent
limitations
for
coal
mining
promulgated
by
the
U.
S.
Environmental
Protection
Agency
set
forth
in
40
CFR
part
434.

816/
817.41(
a)
All
surface
mining
and
reclamation
activities
shall
be
conducted
to
minimize
disturbance
of
the
hydrologic
balance
within
the
permit
and
adjacent
areas,
to
prevent
material
damage
to
the
hydrologic
balance
outside
the
permit
area,
to
assure
the
protection
or
replacement
of
water
rights,
and
to
support
approved
post­
mining
land
uses
in
accordance
with
the
terms
and
conditions
of
the
approved
permit
and
the
performance
standards
of
SMCRA.
