[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]
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