[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Proposed Rules]
[Pages 7446-7452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4430]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-113-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 regulatory program (hereinafter the ``Pennsylvania
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment consists of revisions to the
Pennsylvania rules pertaining to: Surface and underground mining--
definitions, incidental coal extraction, permit approval, permit
renewal, coal exploration, and bonding; surfacing mining--ground and
surface water permit application information, operation and reclamation
plans, and environmental protection performance standards; anthracite
coal mining--permit applications, environmental protection performance
standards, bank removal and reclamation standards, refuse removal
standards, coal preparation facilities, and underground mines;
underground mining of coal and coal preparation plants--erosion and
sedimentation control standards, information requirements, performance
standards, impoundments, subsidence control, and coal preparation; and
coal refuse disposal--permit applications and performance standards.
The amendment is intended to revise the Pennsylvania program to be
consistent with the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., E.S.T. March 29,
1996. If requested, a public hearing on the proposed amendment will be
held on March 25, 1996. Requests to speak at the hearing must be
received by 4 p.m., E.S.T. on March 14, 1996.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Robert J. Biggi, Director, at the
address listed 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
[[Page 7447]]
public review at the addresses listed 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.
Robert J. Biggi, Director, Harrisburg Field Office, Office of Surface
Mining Reclamation and Enforcement, Harrisburg Transportation Center,
Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, PA 17101,
Telephone: (717) 782-4036.
Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland
21532, Telephone: (301) 689-4136.
FOR FURTHER INFORMATION CONTACT: Robert J. Biggi, Director, Harrisburg
Field Office, Telephone: (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 the conditions of approval can be found in
the July 31, 1982, Federal Register (47 FR 33050). Subsequent actions
concerning the conditions of approval and program amendments can be
found at 30 CFR 938.11, 938.12, 938.15, and 938.16.
II. Description of the Proposed Amendment
By letter dated January 23, 1996, (Administrative Record No. PA-
838.00) Pennsylvania submitted a proposed amendment to its program
pursuant to SMCRA in response to the required program amendments at 30
CFR 938.16(g) through (ii) with the exception of (h). The provisions of
the regulations that Pennsylvania purposes to amend are found at
sections 86-90 of its Coal Mining Regulations. They were published in
the Pennsylvania Bulletin on December 16, 1995 (vol. 25, no. 50). Due
to the voluminous nature of the proposed changes, they will be
summarized to the extent possible.
Chapter 86--Surface and Underground Mining: General
At section 86.1--Definitions, Pennsylvania proposes to add the
following definitions:
``Cumulative Measurement Period''--for purposes of section 86.5
(relating to the extraction of coal incidental to noncoal surface
mining), the period of time over which both cumulative production and
cumulative revenue are measured.
``Cumulative Production''--for purposes of section 86.5, the total
tonnage of coal or other minerals extracted from a mining area during
the cumulative measurement period.
``Cumulative Revenue''--for purposes of section 86.5, the total
revenue derived from the sale of coal or other minerals and the fair
market of coal or other minerals transferred or used, but not sold,
during the cumulative measurement period.
``MSHA''--the Mine Safety and Health Administration, United States
Department of Labor.
``Mining Area''--for purposes of section 86.5, an individual
excavation site or pit from which coal, other minerals, and overburden
are removed.
``Other Minerals''--for purposes of section 86.5, a commercially
valuable substance mined for its mineral value, excluding coal,
topsoil, waste and fill material.
``Surface Mining Activities''--added to the existing definition of
this term is the inclusion of the construction of a road or similar
disturbance for any purpose related to a surface mining activity,
including that of moving or walking a dragline or other equipment or
for the assembly or disassembly or staging of equipment.
At section 86.5--Extraction of Coal Incidental to Noncoal Surface
Mining, Pennsylvania proposes to require that a person who intends to
extract coal incidental to the extraction of other minerals must do so
under the provisions of a noncoal surface mining permit and subject to
the regulations specified in this section. Certain exemptions apply.
The operator shall select and consistently use one of two identified
methods for determining the beginning of the cumulative measurement
period. A request for exemption must be filed by the operator prior to
the extraction. If extraction has begun, the operator must file a
request by February 14, 1996. Public notice requirements must be met by
both the operator and the Department of Environmental Protection
(PADEP). A request for exemption must include certain information
including, but not limited to, name and address of applicant; list of
minerals to be extracted; estimates of annual production, revenues, and
fair market values of coal; maps of the mining area; evidence of
publication of public notice; and other pertinent information. The
PADEP will approve the request for exemption if certain, specified
criteria are satisfied. A person whose request has been approved must
conduct operations in accordance with the approved request, file an
annual report, maintain certain information, and comply with
notification provisions. Stockpiling of coal will be considered if
certain provisions are met.
At section 86.37--Criteria for Permit Approval or Denial,
Pennsylvania proposes at subsection (b) to prohibit an incremental
phase approval of a permit if PADEP has already issued an incremental
phase approval for the area to another permittee, except for an area
used for access or haul roads.
At section 86.55--Permit Renewals: General Requirements,
Pennsylvania proposes at subsection (c) to require that if a permittee
provides a written notice to PADEP under subsection (i), the notice
shall be filed at least 180 days before the expiration date of the
permit. At subsection (g)(6), a permit will not be renewed if the
permittee has failed to provide evidence of having liability insurance.
At subsection (i), the permittee may provide written notice in lieu of
submitting a complete application for renewal and providing public
notice if certain conditions are met pertaining to coal extraction,
preparation, refuse disposal, and treatment facilities. At subsection
(j), if a permittee has provided written notice as specified in
subsection (i) and determines prior to the permit expiration date that
coal extraction, preparation, or disposal will occur or treatment
facilities will be required after the expiration date, a renewal
application shall be submitted.
At section 86.133--General Requirements for Coal Exploration,
Pennsylvania proposes at subsection (g) to add the requirement that a
person who conducts coal exploration by means of boreholes or coreholes
meet the requirements of sections 89.54 and 89.83.
At section 86.134--Coal Exploration Performance and Design
Standards, Pennsylvania proposes at subsection (8) to require that each
exploration hole, borehole, well, or other underground opening meet the
requirements of sections 87.93, 89.54, and 89.83.
At section 86.156--Form of the Bond, Pennsylvania proposes at
subsection (b) to require banks and other institutions to certify that
they will notify the State of any action filed alleging the insolvency
or bankruptcy of the permittee. The word ``supervision'' is replaced by
``suspension.''
At section 86.175--Schedule for Release of Bonds, Pennsylvania
proposes at subsection (b)(3) for underground mines and coal
preparation plants to permit release of an additional amount of bond on
the
[[Page 7448]]
permit area or designated phase upon completion and approval of PADEP
of Stage 2 reclamation but retaining an amount sufficient to cover the
cost of reestablishing vegetation and reconstructing drainage
structures.
At section 86.182--Procedures, Pennsylvania proposes at subsection
(e) to use funds collected from bond forfeiture to complete the
reclamation plan, or remaining portion thereof. At subsection (f), if
the forfeited amount is insufficient, the operator is liable for
remaining costs. If the forfeited amount is more than necessary, the
excess funds shall be used for certain purposes specified in the
statutes.
At section 86.193--Assessment of Civil Penalty--Pennsylvania
proposes to delete subsection (h) which provided for the assessment of
a penalty against corporate officers, directors, or agents as an
alternative to, or in combination with, other penalty actions.
Chapter 87--Surface Mining of Coal
At section 87.1--Definitions, Pennsylvania proposes to revise the
definition of ``Surface Mining Activities'' to include the construction
of a road or similar disturbance for any purpose related to a surface
mining activity, including that of moving or walking a dragline or
other equipment, or for the assembly or disassembly or staging of
equipment.
At section 87.45--Groundwater Information, Pennsylvania proposes at
subsection (a)(4) to specify minimum water quality descriptions.
At section 87.46--Surface Water Information, Pennsylvania proposes
at subsection (b)(3) to require that water quality data show
conductance corrected to 25 degrees C. and total aluminum in milligrams
per liter.
At section 87.54--Maps, Cross Sections, and Related Information,
and section 87.65--Maps and Plans, Pennsylvania proposes at subsections
(b) that to prepare and certify maps and cross sections, a qualified,
professional geologist also be registered.
At section 87.69--Protection of Hydrologic Balance, Pennsylvania
proposes at sections (b) (4) and (5) to require that each permit
application contain a plan which identifies monitoring locations and
sampling frequency, and logically relate to the determination of
probable hydrologic consequences (PHC). The determination must address
certain, specified parameters.
At section 87.73--Dams, Ponds, Embankments, and Impoundments--
Pennsylvania is proposing at subsection (c)(1) that a detailed design
plan for a structure be prepared with assistance, as necessary from
experts in related fields when impoundments meet or exceed prescribed
size classifications. For impoundments not meeting the size
classification, the plan shall be prepared by a qualified registered
professional engineer or qualified registered land surveyor. An
impounding structure constructed of coal refuse or used to impound coal
refuse may not be retained permanently unless it develops into a fill
meeting certain construction requirements.
At section 87.92--Signs and Markers, Pennsylvania proposes at
subsection (g) to require that ground and surface water monitoring
locations and sampling points used to obtain background information be
clearly marked and identified. Marking requirements may be waived for
aesthetic reasons.
At section 87.93--Casing and Sealing of Drilled Holes, Pennsylvania
proposes at subsection (d) to reference the Oil and Gas Act.
At section 87.102--Hydrologic Balance: Effluent Standards,
Pennsylvania is proposing at subsection (a) to change certain groups of
effluent criteria.
At section 87.108--Hydrologic Balance: Sedimentation Ponds,
Pennsylvania is proposing at subsection (c) to require the
sedimentation ponds be maintained until the disturbed area has been
stabilized and revegetated. The ponds may not be removed sooner than
two years after the last augmented seeding, unless PADEP finds that the
disturbed area has been sufficiently revegetated and stabilized.
At section 87.112--Impoundments--Design, Construction, and
Maintenance, Pennsylvania proposes at subsection (b) to require a
minimum static safety factor of 1.3. At subsection (b)(1), impoundments
exceeding certain classification sizes shall be designed with
assistance, as necessary, from experts in related fields. Impoundments
not meeting the classification size shall be designed and certified by
a qualified registered professional engineer or qualified registered
professional land surveyor. Each impoundment must be certified. At
subsection (d), impoundments that require a permit or meet the
classification size are subject to periodic inspections by a qualified
registered professional engineer. Impoundments not requiring a permit
or not meeting the classification size are subject to the same periodic
inspections but the inspection may be made by a qualified registered
professional land surveyor. Both the engineer and land surveyor must be
experienced in the construction of impoundments. At subsection (f),
PADEP may consider Mine Safety and Health Administration's (MSHA)
review for impoundments. However, PADEP will review impoundments in
certain cases.
At section 87.116--Hydrologic Balance: Groundwater Monitoring,
Pennsylvania proposes at subsection (b) to specify minimum monitoring
standards and parameters and require that results be reported every
three months for each location. At subsection (d), PADEP may require
that the operator conduct monitoring and reporting more frequently and
to monitor additional parameters.
At section 87.117--Hydrologic Balance: Surface Water Monitoring,
Pennsylvania proposes to require that surface water be monitored for
parameters that relate to the suitability of the surface water for
current and approved postmining land uses and to specify minimum
monitoring standards and parameters. Results are to be reported every
three months for each location. At subsection (b), PADEP may require
that the operator conduct monitoring and reporting more frequently and
to monitor additional parameters.
At section 87.125--Use of Explosives, Pennsylvania proposes at
subsection (a) to clarify the notification procedures for operators
pertaining to preblasting surveys.
At section 87.127--Use of Explosives: Surface Blasting
Requirements, Pennsylvania proposes at subsection (e)(2) to require
that PADEP specify lower maximum allowable airblast levels than
prescribed to prevent damage. At subsection (h), maximum peak particle
velocity standards are specified. At subsection (i)(2), exceptions to
the maximum peak particle velocity limitations are specified pertaining
to waivers for structures located on the permit area. At subsection
(j), the detonation formula is changed to W=(D/Ds) squared, where Ds
equals the scaled distance factor. At subsection (k), the seismograph
record within 30 days becomes part of the blast record and shall be
analyzed by an independent qualified party. At subsection (p), a blast
level chart is provided to determine the maximum allowable ground
vibration. The operator is required to provide a seismograph record for
each blast. The vibration frequency must be displayed and analyzed over
a specified frequency range. The permittee is required to obtain PADEP
approval of the analytical method used before application.
At section 87.129--Use of Explosives: Records of Blasting
Operations, Pennsylvania proposes at subsection (4) to add public
buildings and other
[[Page 7449]]
structures to the list of structures for which direction and distance
must be measured.
At section 87.131--Disposal of Excess Spoil, Pennsylvania proposes
at subsection (n) to require that the inspecting engineer's report
certify that the fill has been maintained in accordance with the
approved design, in accordance with the approved plan, and in
accordance with all applicable performance standards. The report shall
also contain any appearances of instability, structural weakness and
other hazardous conditions.
At section 87.136--Disposal of Noncoal Waste, Pennsylvania proposes
to require that noncoal waste disposal be conducted in accordance with
the Solid Waste Management Act and related regulations.
At section 87.138--Protection of Fish, Wildlife and Related
Environmental Values, Pennsylvania proposes at subsection (c) to
prohibit surface mining activity which would result in the unlawful
taking of a golden or bald eagle, its nest, or eggs. Upon notification
that a nest is within the permit area, PADEP is required to consult
with appropriate agencies to determine whether and under what
conditions the operator may proceed.
Chapter 88--Anthracite Coal
At section 88.24--Geology, Pennsylvania proposes at subsection
(b)(4) to require that chemical analyses identify coal and overburden
that may contain acid-forming or toxic-forming materials to determine
their content and include total sulfur. A waiver may be granted if
PADEP makes a written determination that other equivalent information
is available.
At section 88.25--Groundwater, Pennsylvania proposes at subsection
(a)(4) to specify minimum water quality descriptions.
At section 88.26--Surface Water Information, Pennsylvania proposes
at subsection (b)(2) to specify that water quality data show specific
conductance corrected to 25 degrees C. and total aluminum in milligrams
per liter.
At section 88.31--Maps and Plans and section 88.44--Operation Maps
and Operation Plans, Pennsylvania proposes at subsection (b) that the
qualified professional geologist be registered.
At section 88.49--Protection of Hydrologic Balance, Pennsylvania
proposes at subsection (b)(2) to require that the ground and surface
water quality and quantity data plan be done in accordance with
prescribed regulations and identify monitoring locations, and sampling
frequency and logically relate to the determination of PHC. At
subsection (b)(3), the determination must address certain, specified
parameters.
At section 88.82--Signs and Markers, Pennsylvania proposes at
subsection (c) to require that ground and surface water monitoring
locations and sampling points used to obtain background information be
clearly marked and identified. Marking requirements may be waived for
aesthetic reasons.
At section 88.83--Sealing of Drilled Holes: General Requirements,
Pennsylvania proposes at subsection (d) to reference the Oil and Gas
Act.
At section 88.92--Hydrologic Balance: Effluent Standards,
Pennsylvania proposes at subsection (a) to change certain groups of
effluent criteria.
At section 88.102--Hydrologic Balance: Dams, Ponds, Embankments,
and Impoundments, Pennsylvania proposes at subsection (b) to require a
minimum static safety factor of 1.3.
At section 88.105--Hydrologic Balance: Groundwater Monitoring,
Pennsylvania proposes at subsection (b) to specify minimum monitoring
standards and parameters and require that results be reported every
three months for each location. At subsection (c), PADEP may require
that the operator conduct additional hydrologic tests. At subsection
(d), PADEP may require that the operator conduct monitoring and
reporting more frequently and to monitor additional parameters.
At section 88.106--Hydrologic Balance: Surface Water Monitoring,
Pennsylvania proposes at subsection (a) to require that surface water
be monitored for parameters that relate to the suitability of the
surface water for current and approved postmining land uses and to
specify minimum monitoring standards and parameters. Results are to be
reported every three months. At subsection (b), PADEP may require the
operator to conduct monitoring and reporting more frequently and to
monitor additional parameters.
At section 88.182--Signs and Markers, Pennsylvania proposes at
subsection (b) to require that ground and surface water monitoring
locations and sampling points used to obtain background information be
clearly marked and identified. Marking requirements may be waived for
aesthetic reasons.
At section 88.187--Hydrologic Balance: Effluent Standards,
Pennsylvania proposes at subsection (a) to change certain groups of
effluent criteria.
At section 88.197--Hydrologic Balance: Ponds, Embankments and
Impoundments, Pennsylvania proposes at subsection (b) to require a
minimum static safety factor of 1.3.
At section 88.201--Hydrologic Balance: Groundwater Monitoring,
Pennsylvania proposes at subsection (b) to require minimum monitoring
standards and parameters and require that results be reported every
three months for each location. At subsection (c), PADEP may require
that the operator conduct additional hydrologic tests. At subsection
(d), PADEP may require that the operator conduct monitoring and
reporting more frequently than every three months and to monitor
additional parameters.
At section 88.202--Hydrologic Balance: Surface Water Monitoring,
Pennsylvania proposes to require that surface water be monitored for
parameters that relate to the suitability of the surface water for
current and approved postmining land uses and to specify minimum
monitoring standards and parameters. Results are to be reported every
three months for each location. At subsection (b), PADEP may require
that the operator conduct monitoring and reporting more frequently and
to monitor additional parameters.
At section 88.282--Signs and Markers, Pennsylvania proposes at
section (c) to require that ground and surface water monitoring
locations and sampling points used to obtain background information be
clearly marked and identified. Marking requirements may be waived for
aesthetic reasons.
At section 88.283--Sealing of Drilled Holes: General Requirements,
Pennsylvania proposes at section (d) to reference the Oil and Gas Act.
At section 88.284--Sealing of Drilled Holes and Exploratory
Openings, Pennsylvania proposes to require that drilled holes and
boreholes to be used to return coal refuse to abandoned underground
workings and wells to be used to monitor groundwater conditions be
temporarily sealed before used and protected during use.
At section 88.292--Hydrologic Balance: Effluent Standards,
Pennsylvania proposes at subsection (a) to change certain groups of
effluent criteria.
At section 88.302--Hydrologic Balance: Dams, Ponds Embankments and
Impoundments, Pennsylvania proposes at subsection (b) to require a
minimum static safety factor of 1.3.
At section 88.305--Hydrologic Balance: Groundwater Monitoring,
Pennsylvania proposes at subsection (b)
[[Page 7450]]
to specify minimum monitoring standards and parameters and require that
results be reported every three months for each location. At subsection
(c), PADEP may require that the operator conduct additional hydrologic
tests. At subsection (d), PADEP may require that the operator conduct
monitoring and reporting more frequently and to monitor additional
parameters.
At section 88.306--Hydrologic Balance: Surface Water Monitoring,
Pennsylvania proposes at subsection (a) to require that surface water
be monitored for parameters that relate to the suitability of the
surface water for current and approved postmining land uses and to
specify minimum monitoring standards and parameters. Results are to be
reported every three months. At subsection (b), PADEP may require the
operator to conduct monitoring and reporting more frequently and to
monitor additional parameters.
At section 88.321--Disposal of Noncoal Wastes, Pennsylvania
proposes to require that noncoal waste disposal be conducted in
accordance with the Solid Waste Management Act and related regulations.
Certain waste materials with low ignition points may not be deposited
on or near a coal refuse disposal pile.
At section 88.381--General Requirements, Pennsylvania proposes to
require at subsection (c)(7) that monitoring plans be presented in
accordance with certain, specified regulations.
At section 88.491--Minimum Requirements for Information on
Environmental Resources, Pennsylvania proposes at subsection (c)(1)(iv)
to specify minimum water quality description. At subsection (d)(2)(ii),
water quality data must show specific conductance corrected to 25
degrees C., total aluminum in milligrams per liter, and other
information PADEP determines to be relevant. At subsection (j), the
referenced qualified professional geologist must be registered and maps
and plans must be prepared with assistance, as necessary, from experts
in related fields.
At section 88.492--Minimum Requirements for Reclamation and
Operation Plan, Pennsylvania proposes at subsection (d)(2)(iii) to
require that the plan identify monitoring locations and sampling
frequency, and logically relate to the determination of PHC. At
subsection d(3), the determination shall address the parameters
measured in accordance with section 88.491.
Chapter 89--Underground Mining of Coal and Coal Preparation Facilities
At section 89.24--Sedimentation Ponds, Pennsylvania proposes at
subsection (c) to require that sedimentation ponds be maintained until
the disturbed areas has been stabilized and revegetated. The ponds may
not be removed sooner than two years after the last augmented seeding,
unless PADEP finds that the disturbed area has been sufficiently
revegetated and stabilized.
At section 89.34--Hydrology, Pennsylvania proposes at subsection
(a)(1) to specify minimum water quality descriptions, and to specify
the standards for the groundwater monitoring plan. At (a)(2), specific
conductance standards are required and the standards for the surface
water monitoring plan are specified.
At section 89.51--Signs and Markers, Pennsylvania proposes at
subsection (h) to require that ground and surface water monitoring
locations and sampling points used to obtain background information be
clearly marked and identified. Marking requirements may be waived for
aesthetic reasons.
At section 89.52--Water Quality Standards, Pennsylvania proposes a
subsection (c) to change certain groups of effluent criteria.
At section 89.63--Disposal of Noncoal Wastes, Pennsylvania proposes
to require that noncoal waste disposal be conducted in accordance with
the Solid Waste Management Act and related regulations.
At section 89.101--General Requirements, Pennsylvania proposes at
subsection (a) to require that impoundments exceeding certain
classification sizes be designed with assistance, if necessary, from
experts in related fields. At subsection (b), impoundments which do not
meet certain classification sizes are subjected to periodic inspections
and certified by specified registered professionals. At subsection (d),
PADEP may consider MSHA's review for impoundments. However, PADEP will
review impoundments in certain cases.
At section 89.112--Impoundments, Pennsylvania proposes to require a
minimum static safety factor of 1.3. Impoundments must be certified
that certain conditions have been met.
At section 89.141--Application Requirements, Pennsylvania proposes
at subsection (d) to reference the Oil and Gas Act.
At section 89.142--Maps, Pennsylvania proposes at subsection (a) to
require that major electric lines be identified by name or numerical
reference.
At section 89.143--Performance Standards, Pennsylvania proposes at
subsection (b) to specify that a pillar lying partially within the
support area shall be considered part of the support area and be
consistent with the other support pillars in size and pattern.
At section 89.144--Public Notice, Pennsylvania proposes at
subsection (a) to require that the operator comply with certain,
specified notification procedures.
At section 89.172--Informational Requirements, Pennsylvania
proposes at subsection (b) to specify that PADEP will not issue a
permit unless it finds, in writing, that the activity will be conducted
in compliance with specified performance standards.
Chapter 90--Coal Refuse Disposal
At section 90.13--Groundwater Information, Pennsylvania proposes at
subsection (1) to specify minimum water quality descriptions.
At section 90.14--Surface Water Information, Pennsylvania proposes
at subsection (b)(3) to specify that water quality data show specific
conductance corrected to 25 degrees C. and total aluminum in milligrams
per liter.
At section 90.35--Protection of the Hydrologic Balance,
Pennsylvania proposes at subsection (b)(3) to require that the ground
and surface water quality plan identify monitoring locations and
sampling frequencies and logically relate to the determination of the
PHC.
At section 90.39--Ponds, Impoundments, Banks, Dams, Embankments,
Piles and Fills, Pennsylvania proposes at subsection (e) to require
that each plan provide for the removal of impoundments constructed of
or used to impound coal refuse as part of site reclamation.
At section 90.46--Maps, Pennsylvania proposes at subsection (3) to
require that the qualified geologist be registered.
At section 90.92--Signs and Markers, Pennsylvania proposes at
subsection (g) to require that ground and surface water monitoring
locations and sampling points used to obtain background information be
clearly marked and identified. Marking requirements may be waived for
aesthetic reasons.
At section 90.102--Hydrologi Balance: Water Qualify Standards,
Pennsylvania propose at subsection (a) to change certain groups of
effluent criteria.
At section 90.108--Hydologic Balance: Sedimentation Ponds,
Pennsylvania proposes at subsection (c) to require that sedimentation
ponds not be removed until the disturbed area has been stabilized and
revegetated and not
[[Page 7451]]
removed sooner than two years after the last augmented seeding, unless
PADEP finds that the disturbed area has been sufficiently revegetated
and stabilized.
At section 90.111--Impoundments, Pennsylvania proposes at
subsection (7) to require that impoundments which are constructed of or
used to impound coal refuse be developed into fills meeting specified
construction requirements.
At section 90.112--Dams, Embankments and Impoundments, Pennsylvania
proposes at subsection (b) to require a status safety factor of 1.3 and
impoundments must be certified according to certain standards. At
subsection (f), PADEP may consider MSHA's review for impoundments.
However, PADEO will review impoundments in certain cases.
At section 90.113--Coal Processing Waste Dams and Embankments,
Pennsylvania proposes at subsection (i) to specify that impoundments
constructed of coal processing wastes or used to impound wastes not be
retained permanently as part of the postmining land use unless certain
conditions are met.
At section 90.115--Groundwater Monitoring, Pennsylvania proposes at
subsection (b) to specify minimum monitoring standards and parameters
and require that results be reported every three months for every
location. At subsection (d), PADEP may require that the operator
conduct monitoring and reporting more frequently and to monitor
additional parameters.
At section 90.116--Surface Water Monitoring, Pennsylvania proposes
at subsection (a) to require that surface water be monitored for
parameters that relate to the suitability of the surface water for
current and approved postmining land uses and to specify minimum
monitoring standards parameters. Results are to be reported every three
months for each location. At subsection (b), PADEP may require that the
operator conduct monitoring and reporting more frequently and to
monitor additional parameters.
At section 90.120--Permanent Postdisposal Renovation, Pennsylvania
proposes to require that impoundments constructed of coal refuse or
used to impound coal refuse be developed into fills meeting certain
construction requirements.
At section 90.130--Coal Refuse Dams, Pennsylvania proposes to
delete the requirement that the specified structures may not be
retained permanently as part of the approved postmining land use.
At section 90.133--Disposal of Noncoal Wastes, Pennsylvania
proposes to require that noncoal waste disposal be conducted in
accordance with the Solid Waste Management Act and related regulations.
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 an 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.S.T.
on March 14, 1996. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to speak 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.
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.
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
[[Page 7452]]
U.S.C. 601 et seq.). The State submittal which is the subject of this
rule is based upon counterpart 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 counterpart Federal
regulations.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 16, 1996.
Allen D. Klein,
Assistant Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-4430 Filed 2-27-96; 8:45 am]
BILLING CODE 4310-05-M
