[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Rules and Regulations]
[Pages 29294-29297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14159]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-117-FOR]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendments.
-----------------------------------------------------------------------
SUMMARY: OSM is approving a proposed amendment to the Pennsylvania
permanent regulatory program (hereinafter referred to as the
Pennsylvania program) under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA). The proposed amendment (Administrative Record
Number PA 843.00) revises the Pennsylvania program to incorporate
[[Page 29295]]
changes made to Chapter 86 (relating to areas unsuitable for mining) by
the Pennsylvania Environmental Quality Board. The proposed amendment is
intended to clarify ambiguous language contained in Subchapter D
concerning the designation of areas as unsuitable for mining, and to
correct typographical errors.
EFFECTIVE DATE: May 30, 1997.
FOR FURTHER INFORMATION CONTACT: Robert J. Biggi, Director, Office of
Surface Mining Reclamation and Enforcement, Harrisburg Field Office,
Harrisburg Transportation Center, Third Floor, Suite 3C, 4th and Market
Streets, Harrisburg, Pennsylvania 17101, Telephone (717) 782-4036.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program.
II. Submission of the Amendment.
III. Director's Findings
IV. Summary and Disposition of Comments.
V. Director's Decision.
VI. Procedural Determinations.
I. Background on the Pennsylvania Program
On July 31, 1982, the Secretary of the Interior conditionally
approved the Pennsylvania program. Background information on the
Pennsylvania program including the Secretary's findings, the
disposition of comments, and a detailed explanation of the conditions
of approval of the Pennsylvania program can be found in the July 30,
1982, Federal Register (47 FR 33050). Subsequent actions concerning the
conditions of approval and program amendments are identified at 30 CFR
938.11, 938.12, 938.15 and 938.16.
II. Submission of the Amendment
By letter dated December 19, 1996 (Administrative Record Number PA
843.00), Pennsylvania submitted amendments to the regulations in the
Pennsylvania program concerning designating areas unsuitable for coal
surface mining. The amendments are intended to clarify ambiguous
language contained in Subchapter D concerning the designation of areas
as unsuitable for mining, and to correct typographical errors.
The proposed amendment was published in the January 30, 1997,
Federal Register (62 FR 4504), and in the same notice, OSM opened the
public comment period and provided opportunity for a public hearing on
the adequacy of the proposed amendment. The comment period closed on
March 3, 1997.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment to the Pennsylvania program.
At Sec. 86.101, in the definition of ``fragile lands'' two
citations of the State Surface Mining Conservation and Reclamation Act
are being amended. The Director finds that this change corrects the
previous and erroneous citation, and does not render the Pennsylvania
program less effective than the Federal regulations.
At Sec. 86.101, in the definition of ``surface mining activities,''
the term that is being defined, ``surface mining activities'' is being
changed to read ``surface mining operations. This change has been made
to improve consistency and clarity of the subchapter by using a single
term, ``operations,'' throughout. No change has been made to the
definition. The Director finds that the change will improve the clarity
and consistency of the subchapter, and does not render the Pennsylvania
program less effective than the Federal regulations.
In various places, the terms ``surface mining activities'' and
``surface mining activity'' are being amended to read ``surface mining
operation'' and ``surface mining operation.'' respectively. The
Director finds that these changes are consistent with the change made
to the definition of ``Surface Mining Operations'' at Sec. 86.101 as
discussed above, and to not render the Pennsylvania program less
effective than the Federal regulations.
In various places the word ``surface'' is being added to clarify
that the term ``surface mining operations'' is intended. And, at
various places the work ``activities'' is being replaced by the phrase
``surface mining operations.'' The Director finds that these changes
improve the clarity of the regulations, are consistent with the same
change of the term ``Surface Mining Operations'' at Sec. 86.101. These
changes do not render the Pennsylvania Program less effective.
At Sec. 86.121(a) the citation for the State Surface Mining
Conservation and Reclamation Act is being amended. The Director finds
that the change does not render the Pennsylvania program less effective
than the Federal regulations.
At Sec. 86.127(b) the list of sources of information concerning
petition areas to more accurately reflect current agency titles and
likely sources of information. This list is not intended to be an all
inclusive list of possible sources of information, but a representative
list of likely sources of information. The Director finds that the
revisions to this list are reasonable, and do not render the
Pennsylvania program less effective than the Federal regulations.
At Sec. 86.130 (a) and (b), the words ``all or certain types of''
are being added to clarify that Sec. 86.130 pertains to areas
designated as unsuitable for all or certain types of surface mining
operations. The Director finds that these changes are consistent with
the Federal use of the phrase ``all or certain types of'' at 30 CFR 764
concerning the State processes for designating areas unsuitable for
surface coal mining operations.
Various typographical, grammatical, style, and organizational name
changes are being made throughout the amendment. The Director finds
that these changes are nonsubstantive and do not render the
Pennsylvania regulations less effective than the Federal regulations.
IV. Summary and Disposition of Comments
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(I), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Pennsylvania program. The U.S.
Department of Labor, Mine Safety and Health Administration (MSHA),
District 1 responded that the amendments will not conflict with
existing MSHA regulations. MSHA, District 2 responded and had no
comments.
Public and State Agency Comments
The following comments were received in response to the public
comment period that closed on March 3, 1997. The Pennsylvania
Historical and Museum Commission, Bureau of Historic Preservation
responded and stated that the regulations, as they are now written,
will protect in an appropriate manner the historic and archaeological
resources of the Commonwealth of Pennsylvania.
No other comments were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). The
Director has determined that these amendments do not pertain to air and
[[Page 29296]]
water quality standards, and that EPA's concurrence is not required.
On January 8, 1997, OSM solicited EPA's comments on the proposed
amendment (Administrative Record No. PA-843.01). The EPA did not
provide any comments.
V. Director's Decision
Based on the above findings, the Director is approving the proposed
amendment as submitted by Pennsylvania on December 19, 1996.
The Federal regulations at 30 CFR Part 938, codifying decisions
concerning the Pennsylvania program, are being amended to implement
this decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. 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 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 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: May 2, 1997.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 938--PENNSYLVANIA
1. The authority citation for Part 938 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 938.15 [Amended]
2. Section 938.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 938.15 Approval of Pennsylvania Regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
December 19, 1996..................... May 30, 1997.......................... 25 PA Code, Chapter 86,
Subchapter D: 86.101; 86.102;
86.103; 86.121; 86.122; 86.123;
86.124; 86.125; 86.126; 86.127;
86.128; 86.129; 86.130.
----------------------------------------------------------------------------------------------------------------
[[Page 29297]]
[FR Doc. 97-14159 Filed 5-29-97; 8:45 am]
BILLING CODE 4310-05-M
