[Federal Register Volume 63, Number 114 (Monday, June 15, 1998)]
[Rules and Regulations]
[Pages 32615-32616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15762]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-112-FOR]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; correction.
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SUMMARY: This notice corrects an inadvertent omission of a phrase at 30
CFR 938.16 paragraphs (vvv) through (bbbb), concerning required
Pennsylvania regulatory program amendments as published on Wednesday,
April 22, 1998 (63 FR 19802). As originally published, the required
amendments did not provide Pennsylvania with the option to submit, in
lieu of proposed written amendments, descriptions of amendments and
timetables for enactment of the described amendments.
EFFECTIVE DATE: This correction is effective April 22, 1998.
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:
Need for Correction
As originally published on Wednesday, April 22, 1998 (63 FR 19802),
the required amendments codified at 30 CFR 938.16 paragraphs (vvv)
through (bbbb) did not provide 30 CFR 732.17(f). Therefore, this notice
announces a correction of each of the required amendments to include
this option.
Under authority of 30 CFR 1201 et seq., The Federal Register
published on April 22, 1998, is corrected as set forth below.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 4, 1998.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
For the reasons set out in the preamble, the final rule published
April 22, 1998, is corrected 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.
2. Beginning on page 63 FR 19820, Sec. 938.16, paragraphs (vvv)
through (bbbb) are corrected to read as follows:
Sec. 938.16 Required regulatory program amendments.
* * * * *
(vvv) By July 1, 1998, Pennsylvania shall amend the Pennsylvania
program, or provide a written description of an amendment together with
a timetable for enactment which is consistent with established
administrative or legislative procedures in the State, to clarify the
meaning of the term ``excess soil and related materials'' as that term
is used in the definition of ``coal refuse disposal activities.''
(www) By July 1, 1998, Pennsylvania shall amend the Pennsylvania
program, or provide a written description of an amendment together with
a timetable for enactment which is consistent with established
administrative or legislative
[[Page 32616]]
procedures in the State, to authorize stream buffer zone variances for
coal refuse disposal activities only where such activities will not
cause or contribute to the violation of applicable State or Federal
water quality standards, and will not adversely affect water quality
and quantity, or other environmental resources of the stream.
(xxx) By July 1, 1998, Pennsylvania shall amend the Pennsylvania
program, or provide a written description of an amendment together with
a timetable for enactment which is consistent with established
administrative or legislative procedures in the State, to clarify, in
the regulations to be developed to implement the provisions of section
6.2 of the Coal Refuse Disposal Act (as is required by Section 3.2(b)
of the Coal Refuse Disposal Act), that preexisting discharges that are
encountered must be treated to the State effluent standards at Chapter
90, subchapter D at 90.102.
(yyy) By July 1, 1998, Pennsylvania shall amend the Pennsylvania
program, or provide a written description of an amendment together with
a timetable for enactment which is consistent with established
administrative or legislative procedures in the State, to clarify that
Subsection 6.2(h) of the Coal Refuse Disposal Act pertains to
preexisting discharges that are not encountered'.
(zzz) By July 1, 1998, Pennsylvania shall amend the Pennsylvania
program, or provide a written description of an amendment together with
a timetable for enactment which is consistent with established
administrative or legislative procedures in the State, to be no less
effective than 30 CFR 816.116(b)(5), by limiting the application of the
revegetation standards under Subsection 6.2(k) of its Coal Refuse
Disposal Act, to areas that were previously disturbed by mining and
that were not reclaimed to the State reclamation standards.
(aaaa) By July 1, 1998, Pennsylvania shall amend the Pennsylvania
program, or provide a written description of an amendment together with
a timetable for enactment which is consistent with established
administrative or legislative procedures in the State, to clarify that
under Subsection 6.2(1) of its Coal Refuse Disposal Act, a special
authorization for coal refuse disposal operations will not be granted,
when such an authorization would result in the site being reclaimed to
lesser standards than could be achieved if the moneys paid into the
Fund, as a result of a prior forfeiture on the area, were used to
reclaim the site to the standards approved in the original permit under
which the bond moneys were forfeited.
(bbbb) By July 1, 1998, Pennsylvania shall amend the Pennsylvania
program, or provide a written description of an amendment together with
a timetable for enactment which is consistent with established
administrative or legislative procedures in the State, by adding
implementing rules no less effective than 30 CFR 785.13, and no less
stringent than SMCRA Section 711 and which clarify that experimental
practices are only approved as part of the normal permit approval
process and only for departures from the environmental protection
performance standards, and that each experimental practice receive the
approval of the Secretary.
[FR Doc. 98-15762 Filed 6-12-98; 8:45 am]
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