[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53565-53567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25559]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 938

[PA-112-FOR]


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 933.00) revises the Pennsylvania program to 
incorporate changes made by Pennsylvania House Bill 1075 and subsequent 
Pennsylvania law Act 1994-114. The proposed amendment is intended to 
provide special authorization for refuse disposal in areas previously 
affected by mining which contain pollutional discharges.

DATES: Written comments must be received by 4 p.m., e.d.t. November 15, 
1995. If requested, a public hearing on the proposed amendment will be 
held on November 13, 1995. Requests to speak at the hearing must be 
received by 4 p.m., e.d.t. on October 31, 1995.

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 

[[Page 53566]]
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

    By letter dated September 14, 1995 (Administrative Record Number PA 
837.01), Pennsylvania submitted an amendment to the Pennsylvania 
program. The amending language is contained in Pennsylvania House Bill 
1075 and was enacted into Pennsylvania law as Act 1994-114. The 
amendments change Pennslyvania's Coal Refuse Disposal Act (of September 
24, 1968 (P.L. 1040, No. 318) and amended on October 10, 1980 (P.L. 
807, No. 154)) to provide authorization for refuse disposal in areas 
previously affected by mining which contain pollutional discharges. A 
summary of the proposed amendments is listed below.
1. Section 1  Findings and Declaration of Policy
    This section is amended by adding policy statements that clarify 
Pennsylvania's rationale for authorizing coal refuse disposal on areas 
previously affected by mining which contain pollutional discharges.
2. Section 3  Definitions
    This section is amended to provide definitions for the following 
terms: ``Abatement plan,'' ``Actual improvements,'' ``Baseline 
pollution load,'' ``Best technology,'' ``Coal refuse disposal 
activities,'' ``Pollution abatement area,'' and ``Public recreational 
impoundment.''

Section 3.2  Powers and Duties of the Environmental Quality Board

    New subsection (b) is added to require the Environmental Quality 
Board to enact regulations that are consistent with the requirements of 
section 301(p) of the Federal Water Pollution Control Act (62 Stat 
1155, 33 U.S.C. section 1311(p)) and the State remining regulations for 
surface coal mining activities.

Section 4.1  Site Selection

    This new section is added to establish the criteria for selecting 
sites for coal refuse disposal.
    Subsection (a) establishes the criteria for preferred sites 
polluted by acid mine drainage such as a watershed.
    Subsection (b) identifies the areas where coal refuse disposal 
shall not occur, such as on prime farmland.
    Subsection (c) requires the identification of alternative sites 
that were considered for new refuse disposal areas that support 
existing mining. This provision also requires a demonstration of the 
basis for the exclusion of other sites.
    Subsection (d) requires the identification of alternative sites 
that were considered for new refuse disposal areas that support other 
than existing coal mining activity. This provision also requires a 
demonstration of the basis for the exclusion of other sites.
    Subsection (e) provides that the alternatives analyses required by 
section 4.1 must satisfy the Dam Safety and Encroachments Act (November 
26, 1978 (P.L. 1375, No. 325)).

Section 6.1  Designating Areas Unsuitable for Coal Refuse Disposal

    Subsection (h)(5) is amended to provide for a variance to the 100-
foot stream buffer zone provision for coal refuse disposal.

Section 6.2  Coal Refuse Disposal Activities on Previously Affected 
Areas

    This is a new section added.
    Subsection (a) provides that a special authorization must be 
requested to engage in coal refuse disposal on areas with pre-existing 
pollutional discharges resulting from previous mining.
    Subsection (b) provides the criteria under which the State may 
grant a special authorization to engage in such coal refuse disposal.
    Subsection (c) provides that the State may not grant a special 
authorization unless the operator seeking a special authorization for 
coal refuse disposal demonstrates certain specified provisions such as 
that the pollution abatement plan will result in a significant 
reduction of the baseline pollution load.
    Subsection (d) provides that an authorization may be denied if 
granting it will or is likely to affect any legal responsibility or 
liability for abating the pollutional discharges from or near the 
pollution abatement area.
    Subsection (e) provides that an operator may be required to provide 
specified additional information related to delineation of the 
pollution abatement area, the hydrologic balance of the area, and the 
abatement plan.
    Subsection (f) provides that an operator who is granted a special 
authorization shall implement the approved water monitoring program and 
abatement plan, and notify the State immediately prior to the 
completion of each step of the abatement plan and to provide progress 
reports.
    Subsection (g) specifies how pre-existing discharges shall be 
treated by the operator.
    Subsection (h) provides the criteria under which treatment of a 
pre-existing discharge may be discontinued.
    Subsection (i) sets forth requirement for reinstating treatment of 
a discharge and for the discontinuance of that treatment.
    Subsection (j) provides the criteria and schedule for release of 
bonds for pollution abatement areas with a special authorization.
    Subsection (k) sets forth the standard of successful revegetation 
for reclamation plans approved as part of a special authorization.
    Subsection (l) provides that forfeited funds in the Surface Mining 
Conservation and Reclamation Fund shall be applied as a credit to the 
bond required for a special authorization. In addition, the area shall 
be exempt from permit reclamation fees.

[[Page 53567]]

    Subsection (m) establishes the criteria for relieving an operator 
for all preexisting discharges under the special authorization.
3. Section 6.3  Experimental Practices
    This new section sets forth criteria established to encourage 
practices that will advance coal refuse disposal practices and advance 
technology or practices that will enhance environmental protection with 
respect to coal refuse disposal activities.
4. Section 15.1  Suspension of Implementation of Certain Provisions
    This new provision provides for the suspension of any provision of 
Act 1994-114 found to be inconsistent with SMCRA.

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.d.t. 
on October 31, 1995. 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: September 27, 1995.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 95-25559 Filed 10-13-95; 8:45 am]
BILLING CODE 4310-05-M