[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28122]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 938

 

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 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 833.00) revises the Pennsylvania program's Small 
Operator Assistance Program (SOAP) to be consistent with the October 
24, 1992, amendment to section 507(c) of SMCRA (Energy Policy Act of 
1992 and the Federal regulations published in the Federal Register of 
May 31, 1994. The proposed amendment would provide more comprehensive 
assistance to SOAP participants than currently allowed.

DATES: Written comments must be received by 4:00 p.m., E.S.T. December 
15, 1994. If requested, a public hearing on the proposed amendment will 
be held on December 12, 1994. Requests to speak at the hearing must be 
received by 4:00 p.m., E.S.T. on November 30, 1994.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Robert J. Biggi, Director, Harrisburg 
Field Office at the address shown 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 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. 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.

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.
Pennsylvania Department of Environmental Resources, Bureau of Mining 
and Reclamation, Room 209 Executive House, 2nd and Chestnut Streets, 
P.O. Box 8461, Harrisburg, Pennsylvania 17105-8461, Telephone: (717) 
787-5103.

    A public hearing if held, will be at the Penn Harris Motor Inn and 
Convention Center at the Camp Hill Bypass and U.S. Routes 11 and 15, 
Camp Hill, Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Robert J. Biggi, Director, Harrisburg 
Field Office, (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 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. Discussion of Amendment

    The Energy Policy Act of 1992, Public Law 102-486, October 24, 
1992, amended several sections of SMCRA. Section 507(c) was amended to 
expand the coverage of free services that could be provided to 
qualified applicants for permit application information under SOAP. 
Before enactment of the Energy Policy Act, services provided by section 
507(c) covered the determination of probable hydrologic consequences 
required by subsection 507(b)(11) and the statement of the results of 
test boring or core sampling required by subchapter 507(b)(15). The 
section 507(c) revisions expanded the services under subsection 
507(b)(11) to include the engineering analyses and designs necessary 
for their determination. The revisions also added additional allowable 
services. These additional services include: the development of cross-
section maps and plans required by subsection (b)(14); the geologic 
drilling and statement of test boring and core sampling required by 
subsection (b)(15); the collection of archaeological information 
required by subsection (b)(13) and any other archaeological and 
historical information required by the regulatory authority; pre-blast 
surveys required by section 515(b)(15)(E); and the collection of site-
specific resource information and the production of protection and 
enhancement plans for fish and wildlife habitats and other 
environmental value required by the regulatory authority.
    The Energy Policy Act also added section 507(h) which makes the 
operator, exceeding the 12-month coal production limit, liable for 
reimbursement of SOAP expenses.
    OSM published final regulations to implement the above statutory 
provisions in the Federal Register, 59 FR 28136-28174, May 31, 1994.
    The Pennsylvania Department of Environmental Resources (PADER) 
published proposed rules in the Pennsylvania Bulletin (24 Pa.B. 2120-
2124, April 23, 1994), to revise the existing SOAP provisions to be 
consistent with the Federal SOAP revisions. On October 24, 1994, PADER 
submitted these rules as a program amendment (PA 833.00).
    A summary of PADER proposed revisions are listed below.

Section 86.81  Program Services

    Section 86.81(1) is revised: to replace ``laboratory'' with 
``consultant;'' to delete the reference to Sec. 86.88 which lists the 
current services allowed by SOAP; and to expand the application 
requirements that are covered by the amendment.

Section 86.83  Eligibility for Assistance

    Section 86.83(a)(2) is revised to replace the 5-year production 
liability period with the coal production for the 12-month period 
beginning the day after permit issuances.

Section 86.83(b) (2) and (3)  Eligibility for Assistance

    Section 86.83(b) (2) and (3) is revised to calculate the 
attributable coal production from persons owning 5 percent of the 
applicant's operation to persons owning 10 percent of the applicant's 
operation.

Section 86.84  Application for Assistance

    Section 86.84(b)(6) is revised to require the necessary 
documentation to legally support applicant's right of entry.

Section 86.87  Determination of Data Requirements

    Section 86.87(a) is revised to provide expanded services concurrent 
with the determination of the probable hydrologic consequences.

Section 86.88  Data for Probable Hydrologic Consequences

Section 86.89  Data for Test Borings or Core Samplings

    These sections are rendered unnecessary by the amended provisions 
and are deleted.

Section 86.92  Basic Qualifications

    Section 86.92 is revised to provide for specialized laboratory 
services.

Section 86.93  Assistance Funding

    Section 86.93(a) is revised to delete language that is rendered 
inappropriate by the new provisions providing additional services to 
SOAP participants.

Section 86.94  Applicant Liability

    Section 86.94 is revised to reduce the applicant's liability, based 
on coal production, to repay for services provided from 5 years to the 
12-month period after the permit is issued.

Section 86.96  Measurement

    Section 86.96 is revised to delete the name of OSM's coal 
production form since OSM has changed the name.

III. 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 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.

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 November 30, 1994. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to testify 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.

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 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.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 4, 1994.
Tim L. Dieringer,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-28122 Filed 11-14-94; 8:45 am]
BILLING CODE 4310-05-M