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State Program Amendment Processing
State regulatory programs laws and regulation must be as effective as the requirements of SMCRA and Federal rules. States cannot implement law and rule changes until they are reviewed by SFPG and approved by OSM. Therefore, SFPG reviews every informal and formal submission of proposed amendments to the States' regulatory programs. Public comments are requested and considered on all such program changes and a decision document is published in the
Federal Register approving or disapproving the State program amendments. To view recent decisions
on state program amendments click
here;
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Policy and Programmatic Issues
SFPG provides policy and programmatic support to the agency and Appalachian Region on issues that affect the implementation of Federal and State regulatory programs. A few examples would include review of issues regarding post-mining land use and financial assurance (bonding) for post-mining discharges; matters in litigation, such as subsidence, takings cases and lands unsuitable for mining; coordination with other Federal laws, such as the National Historic Preservation, National Environmental Policy, Clean Water, Mine Safety and Health, Fish and Wildlife Coordination, and Endangered Species Acts; and, issues with approved States’ program laws and regulations.
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TDN and Citizen Complaint Appeals
When OSM receives a citizen complaint alleging a violation of the SMCRA program, it is referred to the approved state regulatory authority (SRA) for resolution, using what we call a Ten-Day Notice (TDN). The SRA has ten days to respond to OSM on the action taken about the complaint (unless more in-depth study is required). OSM Field Offices determine if the state TDN response is appropriate. If an OSM Field Office decides that the state response is not appropriate, the SRA may appeal the decision to the Regional Director. If the OSM Field Office finds the SRA TDN response appropriate, then the citizen may appeal the decision to the Regional Director. SFPG assists the Regional Director by processing the appeals.
In processing these informal reviews, SFPG must first gather all relevant information from the Field Office. SFPG then analyzes the information to determine if the Field Office decision complies with SMCRA, the federal regulations, the approved state program, applicable OSM Directives, and previous court decisions. SFPG then prepares a summary of the case, briefs the Regional Director, and prepares a draft appeal decision for the Regional Director's signature. The Regional Director may affirm, reverse, or modify the Field Office decision.
