[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Proposed Rules]
[Pages 67590-67592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33663]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-121-FOR]
Pennsylvania Abandoned Mine Land Reclamation 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 Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter
referred to as the Pennsylvania Program) under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as
amended. The proposed amendment adds a new section ``F'' entitled
Government Financed Construction Contracts (GFCC) to authorize the
incidental removal of coal at AML sites that would not otherwise be
mined and reclaimed under the Title V program. The proposed amendment
also includes the Program Requirements and Monitoring Requirements
related to the use of GFCC for that purpose. The proposed amendment is
intended to improve the efficiency of the Pennsylvania program by
allowing the Government-financed construction exemption in Section 528
of SMCRA to be applied in cases involving less than 50% financing only
in the limited situation where the construction constitutes a
government approved and administered abandoned mine land reclamation
project under Title IV of SMCRA.
DATES: Written comments must be received on or before 4:00 p.m. on
January 28, 1998. If requested, a public hearing on the proposed
amendments will be held at 1:00 p.m. on January 23, 1998. Requests to
present oral testimony at the hearing must be received on or before
4:00 p.m. on January 13, 1998.
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.
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 AMLR program amendments are
identified at 30 CFR 938.20 and 938.25.
II. Discussion of the Proposed Amendment
By letter dated November 21, 1997 (Administrative Record No. PA-
855.00), the Pennsylvania Department of Environmental Protection
(PADEP) submitted proposed Program Amendment No. 2 to the Pennsylvania
Abandoned Mine Reclamation Plan. In addition, PADEP also submitted the
following documents: Introduction; Basis of Authority for the Proposed
Amendment; AML Amendment Conformance with 30 CFR Section 884.13;
Assistant Counsel's Opinion of Authority for GFCC; PADEP Organization
Chart and the Office of Mineral Resources Management Organization
Chart. The proposed amendment in intended to improve the efficiency of
the Pennsylvania program by allowing the Government-financed
construction exemption in Section 528 of SMCRA to be applied to certain
cases involving less than 50% financing.
The proposed amendment consists of new Part F, Program Requirements
and Monitoring Program for GFCC's to be added as follows:
Part F: Government Financed Construction Contracts
(1) Incidental Coal Removal--PADEP proposes to authorize the
incidental removal of coal at AML sites that would not otherwise be
mined and reclaimed under the Title V program. Through its management
of the permitting process and knowledge of the status of the AML lands
in Pennsylvania, PADEP plans to enter into agreements with mining
companies and adjacent permit holders to direct the reclamation of AML
lands which involve some incidental removal of coal. Following are (3)
examples of situations where PADEP proposes to utilize the GFCC to
address AML liabilities.
(a) Refuse Pile Reclamation--As a result of an extensive history of
mining in Pennsylvania, thousands of coal refuse piles are scattered
throughout the state in both the bituminous and anthracite fields. In
many cases these piles are unsightly, unsafe and are adding to the
sedimentation and mine drainage pollution of Pennsylvania streams in
areas that are economically deprived because of poor water quality and
general aesthetics.
Dependng on the method used to clean the coal and the volume of
material available, these piles have varying degrees of value. Those
piles that are larger in volume and higher in quality have
traditionally been permitted under the Title V program while the
smaller, poorer quality have
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remained virtually untouched and are not and will not be likely
candidates for permitting. These are the types of piles that are
generally suitable for use in fluidized-bed combustion processes
employed at cogeneration plants and the types of piles that will be
reclaimed under the proposed program.
(b) Reclamation of Abandoned Deep Mines--An example specific to
this initiative would be represented by an abandoned deep mine that
includes subsidence problems and acid mine drainage discharges. The
reclamation of this type of site would involve the daylighting of the
deep mined area, the incidental and necessary removal of any coal
encountered, the placement of alkaline material over the area of deep
mine affected, and the construction of some type of passive treatment
system to insure the reduction of pollutional loading from the
discharges. Because of the limited amount of coal available, and the
potential water quality liability for the discharges, this sample site
would not be a candidate for a surface mine permit under the Title V
program. This type of site would particularly appeal to the watershed
organizations that have been formed to deal with exactly these
reclamation opportunities with the potential to significantly increase
water quality in a given watershed.
(c) Unreclaimed High Walls Adjacent to Active Mine Sites--Nearly
all permits issued under the Title V program include varying levels of
remining or are located within close proximity to previously affected
areas located outside of permit boundaries. In some cases coal along
the crop barrier may have gone unmined because of poor quality or high
moisture content. In other cases an additional cut taken off the
highwall may facilitate a reclamation plan that results in a more
suitable post-mining land use or may facilitate an abatement project
(alkaline addition--highwall drains, etc.) that will result in improved
water quality. In those situations where a Title V permit is
impractical due to limited coal recovery or poor coal quality, PADEP
proposes to direct reclamation of these sites through a GFCC which
allows for the incidental removal of coal to complete reclamation of
the AML lands.
(2) Placement of Excess Spoil on Adjacent AML Lands--PADEP proposes
to authorize the placement of excess spoil from active mining
operations on AML sites that would not otherwise be mined and reclaimed
under the Title V program. Through its management of the permitting
process and the knowledge of the status of AML lands in Pennsylvania,
PADEP plans to enter into agreements with mining companies and adjacent
permit holders to direct the reclamation of AML lands adjacent to
permitted operations. THe institution of this program will allow PADEP
to maximize its reclamation efforts on AML lands at no expense to the
funding sources for PADEP's AML program. Savings to the AML program
would be used for reclamation at other sites throughout the
Commonwealth.
The proposed program amendment would offer solutions to the
following problems that exist throughout Pennsylvania's coal field:
(1) Conditions which create a risk of fire, landslide, subsidence,
cave-in or other unsafe, dangerous or hazardous conditions, including
but not limited to any unguarded or unfenced open pit area, highwall,
water pool, spoil bank and culm bank, abandoned structure, equipment,
machinery, tools, or other property used in or resulting from surface
mining operations, or other serious hazards to public health or safety.
(2) AMD pollution and sedimentation into Pennsylvania's streams.
(3) Unsightly, and unproductive property that has been largely
unreclaimed through either the AML or active mining programs.
(4) Inadequate funding to address the above three Pennsylvania
reclamation liabilities.
Generally speaking, the above conditions exist in areas that are
economically depressed and environmentally damaged. The necessary
reclamation represents an AML liability well in excess of hundreds of
millions of dollars. The proposed program offers an additional solution
to Pennsylvania's obligation to provide clean water and a safe and
health environment to its citizens.
Program Requirements
A. The Department will solicit and accept proposals to enter into a
GFCC for the purpose of reclamation of abandoned mine lands some of
which may involve the incidental and necessary removal of coal.
To be an ``eligible person'' the person must clear the Department's
standard compliance with the Applicant Violator System (AVS) checks. In
addition, the person must clear a check through the Commonwealth's
contractor responsibility program.
A GFCC under the terms of this amendment, is limited to those
situations where a contractor proposes to enter into an agreement to
perform reclamation on abandoned mine lands with the incidental and
necessary removal of coal or to use excess spoil from a permitted site
to reclaim an abandoned mine land. Reclamation should also include,
where feasible, the installation of passive treatment systems and/or
other measures to mitigate pre-exiting discharges. No processing of
coal will be conducted on-site.
Coal refuse ash may be returned to the site consistent with a
general permit issued by the Department.
Sewage sludge may be utilized for site reclamation consistent with
a beneficial use order or land reclamation permit.
PADEP will conduct an expeditious review of the proposal for
adequacy of the monitoring plan, erosion and sedimentation control
plan, operation plan, and reclamation plan. Particular attention will
be given to the feasibility of installing passive treatment systems
and/or other measures to mitigate pre-existing discharges. Any
deficiencies are to be communicated to the contractor in writing.
Even though reclamation activities under a GFCC are not subject to
the barrier prohibitions of 86.102, precautions will be designed in the
operation and reclamation plans to minimize any potential adverse
impacts on areas that would be considered prohibited areas under a coal
mining permit.
A performance bond in an amount determined by the PADEP shall be
submitted on forms provided by the PADEP for all GFCC sites where bond
is required.
B. A proposal for a GFCC will consist of a face sheet and the
following modules as applicable:
Module #1--Ownership and Right of Entry
Module #2--Ownership and Right of Entry
Module #3--Hydrology
Module #4--Operational Information
Module #5--Streams
Module #25--Flyash
Module #27--Sewage Sludge
(a) The ownership and control information is to be entered into
LUMIS and a compliance check/AVS check run. If a ``bar'' is found, the
proposal is to be returned. If ``no bar'' is found, the proposal will
be accepted and given on ID number.
(b) All proposals will be subject to the consultation requirements
with other state agencies as prescribed by PA's approved AML plan.
(c) The PADEP will advertise receipt of the proposal (see draft
notice). This notice shall be run once a week for two weeks in a
newspaper local to the project area.
(d) The municipality and the county in which the site is located
will be
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noticed, by certified letter, that the PADEP received a proposal for a
GFCC to perform reclamation activities within the municipality.
(e) Upon final execution of the contract, PADEP will notify the
host municipality and county by certified mail of the action (see draft
notice); notify any agencies who submitted comments; notify appropriate
state Legislators, in writing, of the action; and issue a press release
of the action (Regional Community Relations Coordinator to assist in
preparation of this release). If a Small Projects Permit is issued with
the executed contract, notice must be made in the PA Bulletin.
Monitoring Program for GFCC's
The PADEP will conduct monthly inspections of all GFCC's until the
site is determined to be stabilized by vegetation. At that time, the
PADEP will continue to conduct regular inspections on a quarterly basis
until the contract receives final approval and final bond release.
The inspections forms and related instructions to be utilized to
monitor the GFCC program are part of the amendment.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 884.15, OSM is now
seeking comment on whether the amendment proposed by Pennsylvania
satisfies the applicable requirements for the approval of State AMLR
program amendments. 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 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 January 13, 1998. If no one requests an opportunity to
comment at a 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 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.
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 proposal 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 and Tribal abandoned mine land reclamation plans and revisions
thereof since each such plan is drafted and promulgated by a specific
State or Tribe, not by OSM. Decisions on proposed abandoned mine land
reclamation plans and revisions thereof submitted by a State or Tribe
are based on a determination of whether the submittal meets the
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR
Parts 884 and 888.
National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State and Tribal abandoned mine land
reclamation plans and revisions thereof are categorically excluded from
compliance with the National Environmental Policy Act (42 U.S.C. 4332)
by the Manual of the Department of the Interior (516 DM 6, appendix 8,
paragraph 8.4B(29)).
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
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: December 18, 1997.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-33663 Filed 12-24-97; 8:45 am]
BILLING CODE 4310-05-M
