[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Proposed Rules]
[Pages 36828-36829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17295]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-124-FOR]
Pennsylvania Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: OSM is reopening the public comment period on certain parts of
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 amendment was
submitted on December 18, 1998, with revisions submitted on June 1,
1999. The comment period is being reopened for changes that deal with
effluent limitations in 25 PA Code Chapter 87, Subchapter F and Chapter
88, Subchapter G. Specifically, these changes include the deletion of
the definition of ``best professional judgement'' at 25 PA Code 87.202
and 25 Pa Code 88.502, and the deletion of subsections 25 PA Code
87.207 (b) and 25 PA Code 88.507 (b). Both Secs. 87.207(b) and
88.507(b) are titled, ``Treatment of Discharges'' and require operator
treatment of preexisting discharges which are not encountered during
mining or implementation of the abatement plan with the effluent limits
established by best professional judgement. The amendment is intended
to revise the State program to be consistent with the counterpart
Federal provisions.
DATES: Written comments must be received by 4:00 p.m. on July 23, 1999.
ADDRESSES: Written comments 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, 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, 415
Market Street, Harrisburg, Pennsylvania 17101, Telephone: (717) 782-
4036.
Pennsylvania Department of Environmental Protection, Bureau of Mining
and Reclamation, Rachel Carson State Office Building, Post Office Box
8461, Harrisburg, Pennsylvania 17105-8461, Telephone: (717) 787-5103.
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 Pennsylvania program
amendments are identified at 30 CFR 938.15.
II. Discussion of the Proposed Amendment
The Pennsylvania Department of Environmental Protection (PADEP)
submitted a proposed amendment to its program pursuant to remining and
reclamation, postmining discharges, and water supply protection/
replacement in a letter dated December 18, 1998 (Administrative Record
No. PA-853.01). This proposed amendment was
[[Page 36829]]
published in the Federal Register on March 12, 1999 (64 FR 12269). The
comment period for this proposal closed on April 12, 1999. During OSM's
review of this proposal, PADEP submitted changes to supplement the
original submission. These changes were described in a letter dated
June 1, 1999 (Administrative Record No. 853.11). In that letter, PADEP
indicated that the December 18, 1998, submission proposed to remove
approved program language in 25 PA Code Chapters 87-90 dealing with
effluent limits for discharges from areas disturbed by coal mining
activities. The deletion of the definitions of the term ``best
professional judgement'' from 25 PA Code 87.202 and 88.502 and deletion
of 25 PA Code 87.207(b) and 88.507(b) are a supplement to this
proposal. OSM is opening the public comment period to allow comment on
these additional proposed deletions to the approved Pennsylvania
program.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comments on the proposed amendments identified above.
Specifically, OSM is seeking comments on the proposed changes to
Pennsylvania's regulations that were submitted on June 1, 1999
(Administrative Record No. PA-853.11). Comments should address whether
the proposed changes satisfy 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.
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
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 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: June 30, 1999.
Allen D, Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-17295 Filed 7-7-99; 8:45 am]
BILLING CODE 4310-05-P
