[Federal Register Volume 64, Number 228 (Monday, November 29, 1999)]
[Proposed Rules]
[Pages 66595-66598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30884]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-126-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 (Pennsylvania program) under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment revises certain portions of 25 Pennsylvania Code
Chapter 86, Surface and Underground Mining: General, pertaining to
ownership and control, bonding, civil penalties and areas unsuitable
for mining. The amendments are intended to revise the Pennsylvania
program to be consistent with the corresponding Federal regulations.
DATES: Written comments must be received on or before 4 p.m. on
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December 29, 1999. If requested, a public hearing on the proposed
amendments will be held at 1 p.m. on December 27, 1999. Requests to
present oral testimony at the hearing must be received on or before 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
(Amtrack), 415 Market Street, Harrisburg, Pennsylvania 17101,
Telephone: (717) 782-4036.
Pennsylvania Department of Environmental Protection, Bureau of
Abandoned Mine Reclamation, 400 Market Street, P.O. Box 8476,
Harrisburg, Pennsylvania 17101, Telephone: (717) 783-2267.
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 regulatory program amendments
are identified at 30 CFR 938.15.
II. Discussion of the Proposed Amendment
By letter dated November 2, 1999 (Administrative Record No. PA-
845.02), the Pennsylvania Department of Environmental Protection
(PADEP) submitted a proposed amendment to its program pertaining to
ownership and control, bonding, civil penalties and areas unsuitable
for mining.
PADEP proposes to amend certain provisions of 25 Pennsylvania Code
Chapter 86, Surface and Underground Coal Mining: General, as follows:
Section 86.1. Definitions
1. Owned or controlled or owns or controls. PADEP proposes to
change this terminology by substituting the word ``and'' for the second
``or'' so it now reads--Owned or controlled and owns or controls. PADEP
also proposes to modify subparagraph (iii)(E) by deleting the specified
percentages of 10-50% and including a reference to percentages in the
Federal regulations instead.
2. Related party. PADEP proposes to exclude from this definition
persons who are excluded as owners or controllers based on a percentage
of ownership under the definition of ``owned or controlled and owns or
controls'.
3. Willful Violation. PADEP proposes to add this definition which
states that a willful violation is an act or omission which violates
the acts, this chapter, Chapter 87, 88, 89, or 90, or a permit
condition required by them, committed by a person who intends the
result which actually occurs.
Section 86.124(a)(6) Areas Unsuitable for Mining
PADEP proposes to remove language allowing petitions for
unsuitability to be submitted after an administratively complete
surface mining permit has been filed and the first newspaper notice has
been published. PADEP also proposes to add a statement that the
Department will provide written notice to the petitioner with a
statement of its findings.
Section 86.152(d) Adjustments (Bond Amount)
PADEP proposes to add section (d) to require notification of
proposed adjustments to bond amounts to the permittee, the surety and
any person with a property interest in collateral who have requested
such notification. The proposed rule also adds language providing the
permittee an opportunity for informal conference on the adjustment.
Section 86.156 Form of the Bond
PADEP proposes to add a self bond to the type of bonds the
Department may accept in new subsection (3). Existing subsection (3) is
re-numbered as (4) and modified to substitute the term ``bonding
instruments'' for surety and collateral bonds and bond. Existing
subsections (4) and (5) are re-numbered as (5) and (6), respectively.
Section 86.160 Combination of Bonding Instruments
PADEP proposes to change the title of this section from ``Surety/
collateral combination bond'' to that above, and to further modify the
section to include self bonds as part of the combination of bonds that
may be accepted.
Section 86.171 Procedures for Seeking Release of Bond
PADEP proposes to add a phrase to this section that requires the
Department to inspect a site for bond release within 30 days or as soon
thereafter as weather conditions permit.
Section 86.182 Procedures
PADEP proposes to add new subsection (a) which requires the
Department to notify the permittee and surety of its intent to forfeit
the bond. Existing subsections regarding bond forfeiture currently
lettered as (a) through (g) are re-lettered as (b) through (h) without
modification.
Section 86.193 Assessment of Penalty
PADEP proposes to increase the threshold for assessment of a
penalty from $1000 to $1100 in subsections (b) and (c). PADEP also
proposes to drop mandatory penalties for violations of conducting
surface mining activities off the permitted area by deleting
subsections (d) through (g).
Section 86.194 System for Assessment of Penalties
PADEP proposes to add language in subsection (b)(1)(vi) allowing an
additional civil penalty amount up to the statutory limit to be
assessed in extraordinary circumstances.
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PADEP also proposes to specify $3,000 as the upper limit to be
assessed based on seriousness in subsection (b)(1).
PADEP also proposes to modify subsection (b)(2), Culpability, by
lowering the maximum limit from $1500 to $1200. Also, the proposed
minimum limit for violations of willful or reckless conduct are to be
assessed a minimum of $260, down from $2000.
PADEP also proposes to change the criteria for credit to be given
for speed of compliance in subsection (b)(3).
PADEP also proposes to delete the phrase ``without limitation'' in
subsection (b)(4).
PADEP also proposes to reduce the review period for the history of
previous violations from two years to one in subsection (b)(6).
PADEP proposes to add new subsection (f) entitled ``Revision of
civil penalty'' . Subsection (1) is added and explains that the
Department may revise a civil penalty calculated in accordance with
dollar limits included in subsection (b) and that the basis for
revision would be fully explained and documented. New subsection (2) is
added to explain that if the Department revises the civil penalty, the
Department will use the general criteria in subsection (b) and will
give a written explanation of the basis for the revision to the person
to whom the order was issued.
Section 86.195(c) Penalties Against Corporate Officers
PADEP proposes to add new subsection (c) which provides for a stay
and withdrawal of individual civil penalties under certain conditions.
Section 86.201 Procedures for Assessment of Civil Penalties
PADEP proposes to add new subsection (a) to allow operators to
submit information to the Department and the inspector concerning
violations within 15 days of service of a notice of violation or order.
Existing subsections (a) through (d) are re-lettered (b) through (e),
respectively. PADEP also proposes to add new subsection (f) to restrict
the use of certain evidence in formal review proceedings. Existing
subsection (f) is re-lettered as (g).
Section 86.202 Final Action
PADEP proposes to change the title of this section from ``Appeal
Procedures'' to that above.
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 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.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who testifies at a public
hearing provide us with a written copy of his or her testimony. The
public hearing will continue on the specified date until all persons
scheduled to speak have been heard. If you are in the audience and have
not been scheduled to speak and wish to do so, you will be allowed to
speak after those who have been scheduled. We will end the hearing
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 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
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
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data and assumptions in the analyses for the corresponding Federal
regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
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. 99-30884 Filed 11-26-99; 8:45 am]
BILLING CODE 4310-05-P
