[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53565-53567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25559]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 938
[PA-112-FOR]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Pennsylvania permanent regulatory program (hereinafter referred to as
the Pennsylvania program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The proposed amendment (Administrative
Record Number PA 933.00) revises the Pennsylvania program to
incorporate changes made by Pennsylvania House Bill 1075 and subsequent
Pennsylvania law Act 1994-114. The proposed amendment is intended to
provide special authorization for refuse disposal in areas previously
affected by mining which contain pollutional discharges.
DATES: Written comments must be received by 4 p.m., e.d.t. November 15,
1995. If requested, a public hearing on the proposed amendment will be
held on November 13, 1995. Requests to speak at the hearing must be
received by 4 p.m., e.d.t. on October 31, 1995.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Robert J. Biggi, Director, Harrisburg
Field Office at the address shown below.
Copies of the Pennsylvania program, the proposed amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document will be available for public
review at the addresses listed
[[Page 53566]]
below during normal business hours, Monday through Friday, excluding
holidays. Each requester may receive one free copy of the proposed
amendment by contacting OSM's Harrisburg Field Office. Any disabled
individual who has need for a special accommodation to attend a public
hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT:
Robert J. Biggi, Director, Office of Surface Mining Reclamation and
Enforcement, Harrisburg Field Office, Harrisburg Transportation Center,
Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, Pennsylvania
17101, Telephone: (717) 782-4036
Pennsylvania Department of Environmental Resources, Bureau of Mining
and Reclamation, Room 209 Executive House, 2nd and Chestnut Streets,
P.O. Box 8461, Harrisburg, Pennsylvania 17105-8461, Telephone: (717)
787-5103.
A public hearing, if held, will be at the Penn Harris Motor Inn and
Convention Center at the Camp Hill Bypass and U.S. Routes 11 and 15,
Camp Hill, Pennsylvania.
for further information contact: Robert J. Biggi, Director, Harrisburg
Field Office, (717) 782-4036.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
On July 31, 1982, the Secretary of the Interior conditionally
approved the Pennsylvania program. Background information on the
Pennsylvania program including the Secretary's findings, the
disposition of comments, and a detailed explanation of the conditions
of approval of the Pennsylvania program can be found in the July 30,
1982, Federal Register (47 FR 33050). Subsequent actions concerning the
conditions of approval and program amendments are identified at 30 CFR
938.11, 938.12, 938.15 and 938.16.
II. Discussion of Amendment
By letter dated September 14, 1995 (Administrative Record Number PA
837.01), Pennsylvania submitted an amendment to the Pennsylvania
program. The amending language is contained in Pennsylvania House Bill
1075 and was enacted into Pennsylvania law as Act 1994-114. The
amendments change Pennslyvania's Coal Refuse Disposal Act (of September
24, 1968 (P.L. 1040, No. 318) and amended on October 10, 1980 (P.L.
807, No. 154)) to provide authorization for refuse disposal in areas
previously affected by mining which contain pollutional discharges. A
summary of the proposed amendments is listed below.
1. Section 1 Findings and Declaration of Policy
This section is amended by adding policy statements that clarify
Pennsylvania's rationale for authorizing coal refuse disposal on areas
previously affected by mining which contain pollutional discharges.
2. Section 3 Definitions
This section is amended to provide definitions for the following
terms: ``Abatement plan,'' ``Actual improvements,'' ``Baseline
pollution load,'' ``Best technology,'' ``Coal refuse disposal
activities,'' ``Pollution abatement area,'' and ``Public recreational
impoundment.''
Section 3.2 Powers and Duties of the Environmental Quality Board
New subsection (b) is added to require the Environmental Quality
Board to enact regulations that are consistent with the requirements of
section 301(p) of the Federal Water Pollution Control Act (62 Stat
1155, 33 U.S.C. section 1311(p)) and the State remining regulations for
surface coal mining activities.
Section 4.1 Site Selection
This new section is added to establish the criteria for selecting
sites for coal refuse disposal.
Subsection (a) establishes the criteria for preferred sites
polluted by acid mine drainage such as a watershed.
Subsection (b) identifies the areas where coal refuse disposal
shall not occur, such as on prime farmland.
Subsection (c) requires the identification of alternative sites
that were considered for new refuse disposal areas that support
existing mining. This provision also requires a demonstration of the
basis for the exclusion of other sites.
Subsection (d) requires the identification of alternative sites
that were considered for new refuse disposal areas that support other
than existing coal mining activity. This provision also requires a
demonstration of the basis for the exclusion of other sites.
Subsection (e) provides that the alternatives analyses required by
section 4.1 must satisfy the Dam Safety and Encroachments Act (November
26, 1978 (P.L. 1375, No. 325)).
Section 6.1 Designating Areas Unsuitable for Coal Refuse Disposal
Subsection (h)(5) is amended to provide for a variance to the 100-
foot stream buffer zone provision for coal refuse disposal.
Section 6.2 Coal Refuse Disposal Activities on Previously Affected
Areas
This is a new section added.
Subsection (a) provides that a special authorization must be
requested to engage in coal refuse disposal on areas with pre-existing
pollutional discharges resulting from previous mining.
Subsection (b) provides the criteria under which the State may
grant a special authorization to engage in such coal refuse disposal.
Subsection (c) provides that the State may not grant a special
authorization unless the operator seeking a special authorization for
coal refuse disposal demonstrates certain specified provisions such as
that the pollution abatement plan will result in a significant
reduction of the baseline pollution load.
Subsection (d) provides that an authorization may be denied if
granting it will or is likely to affect any legal responsibility or
liability for abating the pollutional discharges from or near the
pollution abatement area.
Subsection (e) provides that an operator may be required to provide
specified additional information related to delineation of the
pollution abatement area, the hydrologic balance of the area, and the
abatement plan.
Subsection (f) provides that an operator who is granted a special
authorization shall implement the approved water monitoring program and
abatement plan, and notify the State immediately prior to the
completion of each step of the abatement plan and to provide progress
reports.
Subsection (g) specifies how pre-existing discharges shall be
treated by the operator.
Subsection (h) provides the criteria under which treatment of a
pre-existing discharge may be discontinued.
Subsection (i) sets forth requirement for reinstating treatment of
a discharge and for the discontinuance of that treatment.
Subsection (j) provides the criteria and schedule for release of
bonds for pollution abatement areas with a special authorization.
Subsection (k) sets forth the standard of successful revegetation
for reclamation plans approved as part of a special authorization.
Subsection (l) provides that forfeited funds in the Surface Mining
Conservation and Reclamation Fund shall be applied as a credit to the
bond required for a special authorization. In addition, the area shall
be exempt from permit reclamation fees.
[[Page 53567]]
Subsection (m) establishes the criteria for relieving an operator
for all preexisting discharges under the special authorization.
3. Section 6.3 Experimental Practices
This new section sets forth criteria established to encourage
practices that will advance coal refuse disposal practices and advance
technology or practices that will enhance environmental protection with
respect to coal refuse disposal activities.
4. Section 15.1 Suspension of Implementation of Certain Provisions
This new provision provides for the suspension of any provision of
Act 1994-114 found to be inconsistent with SMCRA.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Pennsylvania program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under ``DATES'' or at locations other than the Harrisburg Field Office
will not necessarily be considered in the final rulemaking or included
in the Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., e.d.t.
on October 31, 1995. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to testify at the public hearing, the hearing will not
be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the corresponding Federal regulations.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 27, 1995.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 95-25559 Filed 10-13-95; 8:45 am]
BILLING CODE 4310-05-M
