99-30883. Pennsylvania Regulatory Program  

  • [Federal Register Volume 64, Number 228 (Monday, November 29, 1999)]
    [Proposed Rules]
    [Pages 66598-66600]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-30883]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Office of Surface Mining Reclamation and Enforcement
    
    30 CFR Part 938
    
    [PA-127-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 the receipt of a proposed amendment to the 
    Pennsylvania Regulatory Program (hereinafter referred to as the 
    Pennsylvania program) under the Surface Mining Control and Reclamation 
    Act of 1977 (SMCRA). Pennsylvania has submitted this proposed amendment 
    to reflect changes made to regulations in the Pennsylvania program 
    dealing with the Small Operator Assistance Program (SOAP). This 
    proposal modifies some requirements and adds other requirements dealing 
    with SOAP.
    
    DATES: Written comments must be received by 4 p.m., on December 29, 
    1999. If requested, a public hearing on the proposed amendment will be 
    held on December 27, 1999. Requests to speak at the hearing must be 
    received by 4 p.m., on December 14, 1999.
    
    ADDRESSES: Written comments and requests to testify at the hearing 
    should be mailed or hand-delivered to Mr. Robert J. Biggi, Director, 
    Harrisburg Field Office at the first address listed below. Our practice 
    is to make comments, including names and home addresses of respondents, 
    available for public review during regular business hours. Individual 
    respondents may request that we withhold their home address from the 
    rulemaking (or administrative) record, which we will honor to the 
    extent allowable by law. There also may be circumstances in which we 
    would withhold from the rulemaking (or administrative) record a 
    respondent's identity, as allowable by law. If you wish us to withhold 
    your name and/or address, you must state this prominently at the 
    beginning of your comment. However, we will not consider anonymous 
    comments. We will make all submissions from organizations or 
    businesses, and from individuals identifying themselves as 
    representatives or officials of organizations or businesses, available 
    for public inspection in their entirety.
        Copies of the Pennsylvania program, the proposed amendment, a 
    listing of any scheduled public meetings or hearing, and all written 
    comments received in response to this notice will be available for 
    public review at the addresses listed below during normal business 
    hours, Monday through Friday, excluding holidays:
        Office of Surface Mining Reclamation and Enforcement, Harrisburg 
    Field Office, Third Floor, Suite 3C, Harrisburg Transportation Center, 
    415 Market Street, Harrisburg, Pennsylvania 17101, Telephone: (717) 
    782-4036.
        Pennsylvania Department of Environmental Protection, Bureau of 
    Mining and Reclamation, Rachel Carson State Office Building, Post 
    Office Box 8461, Harrisburg, Pennsylvania 17105-8461, Telephone: (717) 
    787-5103.
        Each requester may receive, free of charge, one copy of the 
    proposed amendment by contacting the OSM Harrisburg Field Office.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Robert J. Biggi, Director 
    Harrisburg Field Office, Telephone: (717) 782-4036.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background on the Pennsylvania Program
    
        On July 30, 1982, the Secretary of the Interior conditionally 
    approved the Pennsylvania program. Background on the Pennsylvania 
    program, including the Secretary's findings and the disposition of 
    comments, can be found in the July 30, 1982, Federal Register (47 FR 
    33079). Subsequent actions concerning the Pennsylvania program 
    amendments are identified at 30 CFR 938.15.
    
    II. Discussion of the Proposed Amendment
    
        By letter dated November 8, 1999 (Administrative Record No. PA-
    846.02), the Pennsylvania Department of Environmental Protection 
    (PADEP) submitted a proposed amendment to its program regarding changes 
    to SOAP made because of the Department's Regulatory Basics Initiative 
    (RBI). Under the RBI, regulations are revised because they were 
    considered unclear, unnecessary or were more stringent that the 
    corresponding federal regulations.
        The changes proposed by PADEP in this amendment apply to the 
    following parts of the Pennsylvania program: 25 PA Code 86.80-86.87, 
    86.91, 86.92, 86.94, and 86.95. These changes are summarized below.
        1. A new section, 25 PA Code 86.80 titled ``Definitions,'' is 
    proposed to be added to the Pennsylvania program. A definition of the 
    term ``qualified consultant and qualified laboratory'' is proposed to 
    be added to this section. The term is defined as a designated public 
    agency, private consulting firm, institution or analytical laboratory 
    which can provide the required services under this program in 
    accordance with Sec. 86.92 (relating to basic qualifications).
        2. Several changes are proposed for 25 PA Code 86.81. The first 
    sentence in this section is proposed to be identified as subsection (a) 
    and the phrase ``for qualified small operators who request assistance'' 
    is proposed to be removed. A new subsection (a)(1) which states 
    ``Review requests for assistance,'' is proposed and the former 
    subsection (1) is proposed to be designated as (a)(2). A change to 
    former subsection (1)(iii) [now designated as (a)(2)(iii)] proposes 
    that under SOAP the Department will pay a qualified consultant to 
    provide a description of existing resources within and adjacent to the 
    proposed area in accordance with one of the following:
    
    (A) Section 87.41-87.47, 87.50 and 87.54.
    (B) Sections 88.21-88.27 and 88.31.
    (C) Sections 89.33-89.36, 89.38 and 89.74.
    
        These referenced sections were changed from the original language 
    which required a description of the existing resources in accordance 
    with either Secs. 87.41-87.50, 87.52-87.54, 88.21-88.33 or Secs. 89.33-
    89.38, 89.71-89.74, 89.102, 89.121, 89.122, 89.141, 89.142(a).
        PADEP is proposing to change references to other regulations in 
    former subsection (1)(iv) [now designated as (a)(2)(iv)]. This 
    subsection requires detailed descriptions of the proposed coal mining 
    activities showing the manner in which the proposed permit area will be 
    mined and reclaimed in accordance with references with other 
    regulations. The proposal now reads: ``Provide a detailed description, 
    to
    
    [[Page 66599]]
    
    include maps, plans and cross sections, of the proposed coal mining 
    activities showing the manner in which the proposed permit area will be 
    mined and reclaimed in accordance with one of the following:
        (A) Sections 87.69, 87.77 and 87.84 (relating to protection of 
    hydrologic balance; protection of public parks and historic places; 
    and, fish and wildlife protection and enhancement plan).
        (B) Sections 88.49, 88.56 and 88.62 (relating to protection of 
    hydrologic balance; protection of public parks and historic places; and 
    fish and wildlife protection and enhancement plan).
        (C) Sections 89.33-89.36, 89.38 and 89.74.
        Former subsection (2) is proposed to be relabeled as (a)(3) and a 
    new subsection (b) is proposed to be added. Subsection (b) states ``If 
    funds allocated by the Department for the payment of services provided 
    to the applicant are less than those required to pay for the services, 
    the applicant is responsible for costs exceeding the amount of funds 
    allocated for the services provided to the applicant.''
        3. The changes proposed for 25 PA Code 86.82 include deleting 
    subsection (a)(1) which states the Department will review requests for 
    assistance and determine qualified operators. This change will cause 
    subsequent subsections to be renumbered, e.g., former subsection (a)(2) 
    is now (a)(1), former subsection (a)(3) is now (a)(2), former 
    subsection (a)(4) is now (a)(3) and former subsection (a)(5) is now 
    (a)(4).
        4. One subsection of 25 PA Code 86.83 was proposed to be changed. 
    In subsection (a)(2) the phrase ``the applicant's operations during the 
    12-month period immediately following the date'' has been deleted. This 
    subsection as proposed now reads ``Establishes that the probable total 
    attributed annual production from all locations on which the applicant 
    is issued the mining activities permit will not exceed 300,000 tons.''
        Additionally, PADEP is proposing to add subsection (c) to 25 PA 
    Code 86.83. This subsection states ``For the purpose of this 
    subchapter, measurement of coal production will be based on the 
    production reported to the office of surface mining reclamation and 
    enforcement for the purpose of the reclamation fee payment.''
        5. There are several changes proposed for 25 PA Code 86.84. 
    Subsection (a) is proposed to be deleted and former subsection (b) is 
    relabeled as subsection (a). The first phrase in the new subsection (a) 
    is proposed to read ``An application for assistance shall contain the 
    following information.'' Other changes include the proposed deletion of 
    former subsection (a)(2)(iii) which required a SOAP application to 
    contain the surface mining operator's license number, if applicable. A 
    requirement to provide the mine operator's license number now appears 
    as newly proposed subsection 86.84(a)(7). Finally, subsection (c) has 
    been relabeled as subsection (b) and is proposed to be changed to read 
    ``The application shall be attested by a notary public or district 
    justice.''
        6. PADEP is proposing to add subsection (a)(3) to 25 PA Code 86.85. 
    Subsection (a)(3) reads ``Provide the applicant a copy of the contract 
    or other appropriate work order for the qualified consultants' services 
    and the consultants' report within 15 days of the Department's final 
    approval.'' Subsection (b) of 25 PA Code 86.85 is proposed to be 
    changed to read ``The granting of assistance under this program does 
    not imply that the Department will approve a subsequent permit 
    application.'' In addition, PADEP is proposing to add subsection (c) to 
    25 PA Code 86.85. This proposed subsection reads ``Within 45 days of 
    receipt of a complete application for assistance, the Department will 
    inform the applicant in writing if the application is denied and will 
    state the reason for denial.''
        7. PADEP is proposing to delete 25 PA Code 86.86. This section 
    required the Department to provide the applicant a copy of the contract 
    or other appropriate work order for the consultants' services and the 
    final approval report. This section also required the Department to 
    inform the applicant in writing if the application is denied and to 
    state the reason for denial. PADEP is proposing to retitle this section 
    as ``Reserved.''
        8. PADEP is proposing to change the sentence structure of 
    subsection (a) of 25 PA Code 86.87. The proposed language now reads 
    ``The Department will determine the data collection requirements to 
    meet the objectives of the program for each applicant or group of 
    applicants. Development of information on environmental resources, 
    operation plans and reclamation plans may proceed concurrently with 
    data collection and analyses required for the determination of the 
    probable hydrologic consequences of the proposed mining activities if 
    specifically authorized by the Department in an approved work order.''
        9. PADEP is proposing to delete 25 PA Code 86.91. This section was 
    titled, ``Definitions and Responsibilities'' and contained in 
    subsection (a) definitions for the terms ``qualified consultant'' and 
    ``qualified laboratory.'' These terms are now defined under the 
    proposed section 25 PA Code 86.80. Subsection (b) required persons who 
    wanted to be included in a list of qualified consultants or 
    laboratories to apply to the Department. This subsection, with some 
    modifications, has been moved to 25 PA Code 86.92(c). Subsection (c) 
    required the Department to designate and maintain a list of qualified 
    consultants and laboratories who demonstrate that they meet the 
    qualifications of Sec. 86.92. PADEP is proposing to retitle this 
    section as ``Reserved.''
        10. In 25 PA Code 86.92, PADEP is proposing to add subsection (c). 
    This subsection reads ``Persons who desire to be included in the list 
    of qualified consultants or qualified laboratories established by the 
    Department under Sec. 86.82 (relating to responsibilities) shall apply 
    to the Department and provide the information necessary to establish 
    the qualifications required by this section.''
        11. PADEP is proposing two changes to 25 PA Code 86.94. The first 
    change in subsection (a)(3) replaces the word ``mine'' with the term 
    ``commence mining.'' The proposed revision reads ``Fails to commence 
    mining within 3 years after obtaining a permit.'' The second proposed 
    revision is the deletion of subsection (c) and the subsequent 
    relabeling of subsection (d) as subsection (c). The deleted language of 
    former subsection (c) stated ``If funds allocated for the services are 
    less than those required to pay for the services, the applicant is 
    responsible for costs exceeding the amount of funds allocated for the 
    services to the applicant.''
        12. The final change proposed by PADEP is the deletion of 25 PA 
    Code 86.95. This section was titled, ``Measurement'' and reads ``For 
    the purpose of this program, measurement of coal production will be 
    based on the production reported to the Office of Surface Mining 
    Reclamation and Enforcement for the purpose of the reclamation fee 
    payment.'' PADEP is proposing to retitle this section as ``Reserved.''
    
    III. Public Comment Procedures
    
        In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
    seeking comment on whether the amendment proposed by Pennsylvania 
    satisfies the applicable requirements for the approval of State program 
    amendments. If the amendment is deemed adequate, it will become part of 
    the Pennsylvania program.
    
    [[Page 66600]]
    
    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 Administration Record.
    
    Public Hearing
    
        Persons wishing to comment at the public hearing should contact the 
    person listed under FOR FURTHER INFORMATION CONTACT by close of 
    business on December 14, 1999. If no one requests an opportunity to 
    comment at a public hearing, the hearing will not be held.
        If a public hearing is held, it will continue on the specified date 
    until all persons scheduled to comment have been heard. Persons in the 
    audience who have not been scheduled to comment and who wish to do so 
    will be heard following those scheduled. The hearing will end after all 
    persons who desire to comment have been heard. Filing of a written 
    statement at the time of the hearing is requested as it will greatly 
    assist the transcriber.
    
    Public Meeting
    
        If only one person requests an opportunity to comment 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 
    amendments may request a meeting at the Harrisburg Field Office by 
    contacting the person listed under FOR FURTHER INFORMATION CONTACT. All 
    such meetings will be open to the public and, if possible, notices of 
    the meetings will be posted in advance at the locations listed above 
    under ADDRESSES. A summary of meeting will be included in the 
    Administrative Record.
    
    IV. Procedural Determinations
    
    Executive Order 12866
    
        This proposed rule is exempted from review by the Office of 
    Management and Budget (OMB) under Executive Order 12866 (Regulatory 
    Planning and Review).
    
    Executive Order 12988
    
        The Department of the Interior has conducted the reviews required 
    by section 3 of Executive Order 12988 (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 in the analyses for the corresponding Federal regulations.
    
    Unfunded Mandates
    
        In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
    et seq.), this rule will not produce a Federal mandate of $100 million 
    or greater in any year, i.e., it is not a ``significant regulatory 
    action'' under the Unfunded Mandates Reform Act.
    
    List of Subjects in 30 CFR Part 938
    
        Intergovernmental relations, Surface mining, Underground mining.
    
        Dated: November 18, 1999.
    Tim L. Dieringer,
    Acting Regional Director, Appalachian Regional Coordinating Center.
    [FR Doc. 99-30883 Filed 11-26-99; 8:45 am]
    BILLING CODE 4310-05-P
    
    
    

Document Information

Published:
11/29/1999
Department:
Surface Mining Reclamation and Enforcement Office
Entry Type:
Proposed Rule
Action:
Proposed rule; public comment period and opportunity for public hearing.
Document Number:
99-30883
Dates:
Written comments must be received by 4 p.m., on December 29, 1999. If requested, a public hearing on the proposed amendment will be held on December 27, 1999. Requests to speak at the hearing must be received by 4 p.m., on December 14, 1999.
Pages:
66598-66600 (3 pages)
Docket Numbers:
PA-127-FOR
PDF File:
99-30883.pdf
CFR: (1)
30 CFR 938