[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Proposed Rules]
[Pages 7446-7452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4430]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-113-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.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Pennsylvania regulatory program (hereinafter the ``Pennsylvania 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment consists of revisions to the 
Pennsylvania rules pertaining to: Surface and underground mining--
definitions, incidental coal extraction, permit approval, permit 
renewal, coal exploration, and bonding; surfacing mining--ground and 
surface water permit application information, operation and reclamation 
plans, and environmental protection performance standards; anthracite 
coal mining--permit applications, environmental protection performance 
standards, bank removal and reclamation standards, refuse removal 
standards, coal preparation facilities, and underground mines; 
underground mining of coal and coal preparation plants--erosion and 
sedimentation control standards, information requirements, performance 
standards, impoundments, subsidence control, and coal preparation; and 
coal refuse disposal--permit applications and performance standards. 
The amendment is intended to revise the Pennsylvania program to be 
consistent with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., E.S.T. March 29, 
1996. If requested, a public hearing on the proposed amendment will be 
held on March 25, 1996. Requests to speak at the hearing must be 
received by 4 p.m., E.S.T. on March 14, 1996.

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

[[Page 7447]]
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.

Robert J. Biggi, Director, Harrisburg Field Office, Office of Surface 
Mining Reclamation and Enforcement, Harrisburg Transportation Center, 
Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, PA 17101, 
Telephone: (717) 782-4036.
Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland 
21532, Telephone: (301) 689-4136.

FOR FURTHER INFORMATION CONTACT: Robert J. Biggi, Director, Harrisburg 
Field Office, Telephone: (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 the conditions of approval can be found in 
the July 31, 1982, Federal Register (47 FR 33050). Subsequent actions 
concerning the conditions of approval and program amendments can be 
found at 30 CFR 938.11, 938.12, 938.15, and 938.16.

II. Description of the Proposed Amendment

    By letter dated January 23, 1996, (Administrative Record No. PA-
838.00) Pennsylvania submitted a proposed amendment to its program 
pursuant to SMCRA in response to the required program amendments at 30 
CFR 938.16(g) through (ii) with the exception of (h). The provisions of 
the regulations that Pennsylvania purposes to amend are found at 
sections 86-90 of its Coal Mining Regulations. They were published in 
the Pennsylvania Bulletin on December 16, 1995 (vol. 25, no. 50). Due 
to the voluminous nature of the proposed changes, they will be 
summarized to the extent possible.

Chapter 86--Surface and Underground Mining: General

    At section 86.1--Definitions, Pennsylvania proposes to add the 
following definitions:
    ``Cumulative Measurement Period''--for purposes of section 86.5 
(relating to the extraction of coal incidental to noncoal surface 
mining), the period of time over which both cumulative production and 
cumulative revenue are measured.
    ``Cumulative Production''--for purposes of section 86.5, the total 
tonnage of coal or other minerals extracted from a mining area during 
the cumulative measurement period.
    ``Cumulative Revenue''--for purposes of section 86.5, the total 
revenue derived from the sale of coal or other minerals and the fair 
market of coal or other minerals transferred or used, but not sold, 
during the cumulative measurement period.
    ``MSHA''--the Mine Safety and Health Administration, United States 
Department of Labor.
    ``Mining Area''--for purposes of section 86.5, an individual 
excavation site or pit from which coal, other minerals, and overburden 
are removed.
    ``Other Minerals''--for purposes of section 86.5, a commercially 
valuable substance mined for its mineral value, excluding coal, 
topsoil, waste and fill material.
    ``Surface Mining Activities''--added to the existing definition of 
this term is the inclusion of the construction of a road or similar 
disturbance for any purpose related to a surface mining activity, 
including that of moving or walking a dragline or other equipment or 
for the assembly or disassembly or staging of equipment.
    At section 86.5--Extraction of Coal Incidental to Noncoal Surface 
Mining, Pennsylvania proposes to require that a person who intends to 
extract coal incidental to the extraction of other minerals must do so 
under the provisions of a noncoal surface mining permit and subject to 
the regulations specified in this section. Certain exemptions apply. 
The operator shall select and consistently use one of two identified 
methods for determining the beginning of the cumulative measurement 
period. A request for exemption must be filed by the operator prior to 
the extraction. If extraction has begun, the operator must file a 
request by February 14, 1996. Public notice requirements must be met by 
both the operator and the Department of Environmental Protection 
(PADEP). A request for exemption must include certain information 
including, but not limited to, name and address of applicant; list of 
minerals to be extracted; estimates of annual production, revenues, and 
fair market values of coal; maps of the mining area; evidence of 
publication of public notice; and other pertinent information. The 
PADEP will approve the request for exemption if certain, specified 
criteria are satisfied. A person whose request has been approved must 
conduct operations in accordance with the approved request, file an 
annual report, maintain certain information, and comply with 
notification provisions. Stockpiling of coal will be considered if 
certain provisions are met.
    At section 86.37--Criteria for Permit Approval or Denial, 
Pennsylvania proposes at subsection (b) to prohibit an incremental 
phase approval of a permit if PADEP has already issued an incremental 
phase approval for the area to another permittee, except for an area 
used for access or haul roads.
    At section 86.55--Permit Renewals: General Requirements, 
Pennsylvania proposes at subsection (c) to require that if a permittee 
provides a written notice to PADEP under subsection (i), the notice 
shall be filed at least 180 days before the expiration date of the 
permit. At subsection (g)(6), a permit will not be renewed if the 
permittee has failed to provide evidence of having liability insurance. 
At subsection (i), the permittee may provide written notice in lieu of 
submitting a complete application for renewal and providing public 
notice if certain conditions are met pertaining to coal extraction, 
preparation, refuse disposal, and treatment facilities. At subsection 
(j), if a permittee has provided written notice as specified in 
subsection (i) and determines prior to the permit expiration date that 
coal extraction, preparation, or disposal will occur or treatment 
facilities will be required after the expiration date, a renewal 
application shall be submitted.
    At section 86.133--General Requirements for Coal Exploration, 
Pennsylvania proposes at subsection (g) to add the requirement that a 
person who conducts coal exploration by means of boreholes or coreholes 
meet the requirements of sections 89.54 and 89.83.
    At section 86.134--Coal Exploration Performance and Design 
Standards, Pennsylvania proposes at subsection (8) to require that each 
exploration hole, borehole, well, or other underground opening meet the 
requirements of sections 87.93, 89.54, and 89.83.
    At section 86.156--Form of the Bond, Pennsylvania proposes at 
subsection (b) to require banks and other institutions to certify that 
they will notify the State of any action filed alleging the insolvency 
or bankruptcy of the permittee. The word ``supervision'' is replaced by 
``suspension.''
    At section 86.175--Schedule for Release of Bonds, Pennsylvania 
proposes at subsection (b)(3) for underground mines and coal 
preparation plants to permit release of an additional amount of bond on 
the 

[[Page 7448]]
permit area or designated phase upon completion and approval of PADEP 
of Stage 2 reclamation but retaining an amount sufficient to cover the 
cost of reestablishing vegetation and reconstructing drainage 
structures.
    At section 86.182--Procedures, Pennsylvania proposes at subsection 
(e) to use funds collected from bond forfeiture to complete the 
reclamation plan, or remaining portion thereof. At subsection (f), if 
the forfeited amount is insufficient, the operator is liable for 
remaining costs. If the forfeited amount is more than necessary, the 
excess funds shall be used for certain purposes specified in the 
statutes.
    At section 86.193--Assessment of Civil Penalty--Pennsylvania 
proposes to delete subsection (h) which provided for the assessment of 
a penalty against corporate officers, directors, or agents as an 
alternative to, or in combination with, other penalty actions.

Chapter 87--Surface Mining of Coal

    At section 87.1--Definitions, Pennsylvania proposes to revise the 
definition of ``Surface Mining Activities'' to include the construction 
of a road or similar disturbance for any purpose related to a surface 
mining activity, including that of moving or walking a dragline or 
other equipment, or for the assembly or disassembly or staging of 
equipment.
    At section 87.45--Groundwater Information, Pennsylvania proposes at 
subsection (a)(4) to specify minimum water quality descriptions.
    At section 87.46--Surface Water Information, Pennsylvania proposes 
at subsection (b)(3) to require that water quality data show 
conductance corrected to 25 degrees C. and total aluminum in milligrams 
per liter.
    At section 87.54--Maps, Cross Sections, and Related Information, 
and section 87.65--Maps and Plans, Pennsylvania proposes at subsections 
(b) that to prepare and certify maps and cross sections, a qualified, 
professional geologist also be registered.
    At section 87.69--Protection of Hydrologic Balance, Pennsylvania 
proposes at sections (b) (4) and (5) to require that each permit 
application contain a plan which identifies monitoring locations and 
sampling frequency, and logically relate to the determination of 
probable hydrologic consequences (PHC). The determination must address 
certain, specified parameters.
    At section 87.73--Dams, Ponds, Embankments, and Impoundments--
Pennsylvania is proposing at subsection (c)(1) that a detailed design 
plan for a structure be prepared with assistance, as necessary from 
experts in related fields when impoundments meet or exceed prescribed 
size classifications. For impoundments not meeting the size 
classification, the plan shall be prepared by a qualified registered 
professional engineer or qualified registered land surveyor. An 
impounding structure constructed of coal refuse or used to impound coal 
refuse may not be retained permanently unless it develops into a fill 
meeting certain construction requirements.
    At section 87.92--Signs and Markers, Pennsylvania proposes at 
subsection (g) to require that ground and surface water monitoring 
locations and sampling points used to obtain background information be 
clearly marked and identified. Marking requirements may be waived for 
aesthetic reasons.
    At section 87.93--Casing and Sealing of Drilled Holes, Pennsylvania 
proposes at subsection (d) to reference the Oil and Gas Act.
    At section 87.102--Hydrologic Balance: Effluent Standards, 
Pennsylvania is proposing at subsection (a) to change certain groups of 
effluent criteria.
    At section 87.108--Hydrologic Balance: Sedimentation Ponds, 
Pennsylvania is proposing at subsection (c) to require the 
sedimentation ponds be maintained until the disturbed area has been 
stabilized and revegetated. The ponds may not be removed sooner than 
two years after the last augmented seeding, unless PADEP finds that the 
disturbed area has been sufficiently revegetated and stabilized.
    At section 87.112--Impoundments--Design, Construction, and 
Maintenance, Pennsylvania proposes at subsection (b) to require a 
minimum static safety factor of 1.3. At subsection (b)(1), impoundments 
exceeding certain classification sizes shall be designed with 
assistance, as necessary, from experts in related fields. Impoundments 
not meeting the classification size shall be designed and certified by 
a qualified registered professional engineer or qualified registered 
professional land surveyor. Each impoundment must be certified. At 
subsection (d), impoundments that require a permit or meet the 
classification size are subject to periodic inspections by a qualified 
registered professional engineer. Impoundments not requiring a permit 
or not meeting the classification size are subject to the same periodic 
inspections but the inspection may be made by a qualified registered 
professional land surveyor. Both the engineer and land surveyor must be 
experienced in the construction of impoundments. At subsection (f), 
PADEP may consider Mine Safety and Health Administration's (MSHA) 
review for impoundments. However, PADEP will review impoundments in 
certain cases.
    At section 87.116--Hydrologic Balance: Groundwater Monitoring, 
Pennsylvania proposes at subsection (b) to specify minimum monitoring 
standards and parameters and require that results be reported every 
three months for each location. At subsection (d), PADEP may require 
that the operator conduct monitoring and reporting more frequently and 
to monitor additional parameters.
    At section 87.117--Hydrologic Balance: Surface Water Monitoring, 
Pennsylvania proposes to require that surface water be monitored for 
parameters that relate to the suitability of the surface water for 
current and approved postmining land uses and to specify minimum 
monitoring standards and parameters. Results are to be reported every 
three months for each location. At subsection (b), PADEP may require 
that the operator conduct monitoring and reporting more frequently and 
to monitor additional parameters.
    At section 87.125--Use of Explosives, Pennsylvania proposes at 
subsection (a) to clarify the notification procedures for operators 
pertaining to preblasting surveys.
    At section 87.127--Use of Explosives: Surface Blasting 
Requirements, Pennsylvania proposes at subsection (e)(2) to require 
that PADEP specify lower maximum allowable airblast levels than 
prescribed to prevent damage. At subsection (h), maximum peak particle 
velocity standards are specified. At subsection (i)(2), exceptions to 
the maximum peak particle velocity limitations are specified pertaining 
to waivers for structures located on the permit area. At subsection 
(j), the detonation formula is changed to W=(D/Ds) squared, where Ds 
equals the scaled distance factor. At subsection (k), the seismograph 
record within 30 days becomes part of the blast record and shall be 
analyzed by an independent qualified party. At subsection (p), a blast 
level chart is provided to determine the maximum allowable ground 
vibration. The operator is required to provide a seismograph record for 
each blast. The vibration frequency must be displayed and analyzed over 
a specified frequency range. The permittee is required to obtain PADEP 
approval of the analytical method used before application.
    At section 87.129--Use of Explosives: Records of Blasting 
Operations, Pennsylvania proposes at subsection (4) to add public 
buildings and other 

[[Page 7449]]
structures to the list of structures for which direction and distance 
must be measured.
    At section 87.131--Disposal of Excess Spoil, Pennsylvania proposes 
at subsection (n) to require that the inspecting engineer's report 
certify that the fill has been maintained in accordance with the 
approved design, in accordance with the approved plan, and in 
accordance with all applicable performance standards. The report shall 
also contain any appearances of instability, structural weakness and 
other hazardous conditions.
    At section 87.136--Disposal of Noncoal Waste, Pennsylvania proposes 
to require that noncoal waste disposal be conducted in accordance with 
the Solid Waste Management Act and related regulations.
    At section 87.138--Protection of Fish, Wildlife and Related 
Environmental Values, Pennsylvania proposes at subsection (c) to 
prohibit surface mining activity which would result in the unlawful 
taking of a golden or bald eagle, its nest, or eggs. Upon notification 
that a nest is within the permit area, PADEP is required to consult 
with appropriate agencies to determine whether and under what 
conditions the operator may proceed.

Chapter 88--Anthracite Coal

    At section 88.24--Geology, Pennsylvania proposes at subsection 
(b)(4) to require that chemical analyses identify coal and overburden 
that may contain acid-forming or toxic-forming materials to determine 
their content and include total sulfur. A waiver may be granted if 
PADEP makes a written determination that other equivalent information 
is available.
    At section 88.25--Groundwater, Pennsylvania proposes at subsection 
(a)(4) to specify minimum water quality descriptions.
    At section 88.26--Surface Water Information, Pennsylvania proposes 
at subsection (b)(2) to specify that water quality data show specific 
conductance corrected to 25 degrees C. and total aluminum in milligrams 
per liter.
    At section 88.31--Maps and Plans and section 88.44--Operation Maps 
and Operation Plans, Pennsylvania proposes at subsection (b) that the 
qualified professional geologist be registered.
    At section 88.49--Protection of Hydrologic Balance, Pennsylvania 
proposes at subsection (b)(2) to require that the ground and surface 
water quality and quantity data plan be done in accordance with 
prescribed regulations and identify monitoring locations, and sampling 
frequency and logically relate to the determination of PHC. At 
subsection (b)(3), the determination must address certain, specified 
parameters.
    At section 88.82--Signs and Markers, Pennsylvania proposes at 
subsection (c) to require that ground and surface water monitoring 
locations and sampling points used to obtain background information be 
clearly marked and identified. Marking requirements may be waived for 
aesthetic reasons.
    At section 88.83--Sealing of Drilled Holes: General Requirements, 
Pennsylvania proposes at subsection (d) to reference the Oil and Gas 
Act.
    At section 88.92--Hydrologic Balance: Effluent Standards, 
Pennsylvania proposes at subsection (a) to change certain groups of 
effluent criteria.
    At section 88.102--Hydrologic Balance: Dams, Ponds, Embankments, 
and Impoundments, Pennsylvania proposes at subsection (b) to require a 
minimum static safety factor of 1.3.
    At section 88.105--Hydrologic Balance: Groundwater Monitoring, 
Pennsylvania proposes at subsection (b) to specify minimum monitoring 
standards and parameters and require that results be reported every 
three months for each location. At subsection (c), PADEP may require 
that the operator conduct additional hydrologic tests. At subsection 
(d), PADEP may require that the operator conduct monitoring and 
reporting more frequently and to monitor additional parameters.
    At section 88.106--Hydrologic Balance: Surface Water Monitoring, 
Pennsylvania proposes at subsection (a) to require that surface water 
be monitored for parameters that relate to the suitability of the 
surface water for current and approved postmining land uses and to 
specify minimum monitoring standards and parameters. Results are to be 
reported every three months. At subsection (b), PADEP may require the 
operator to conduct monitoring and reporting more frequently and to 
monitor additional parameters.
    At section 88.182--Signs and Markers, Pennsylvania proposes at 
subsection (b) to require that ground and surface water monitoring 
locations and sampling points used to obtain background information be 
clearly marked and identified. Marking requirements may be waived for 
aesthetic reasons.
    At section 88.187--Hydrologic Balance: Effluent Standards, 
Pennsylvania proposes at subsection (a) to change certain groups of 
effluent criteria.
    At section 88.197--Hydrologic Balance: Ponds, Embankments and 
Impoundments, Pennsylvania proposes at subsection (b) to require a 
minimum static safety factor of 1.3.
    At section 88.201--Hydrologic Balance: Groundwater Monitoring, 
Pennsylvania proposes at subsection (b) to require minimum monitoring 
standards and parameters and require that results be reported every 
three months for each location. At subsection (c), PADEP may require 
that the operator conduct additional hydrologic tests. At subsection 
(d), PADEP may require that the operator conduct monitoring and 
reporting more frequently than every three months and to monitor 
additional parameters.
    At section 88.202--Hydrologic Balance: Surface Water Monitoring, 
Pennsylvania proposes to require that surface water be monitored for 
parameters that relate to the suitability of the surface water for 
current and approved postmining land uses and to specify minimum 
monitoring standards and parameters. Results are to be reported every 
three months for each location. At subsection (b), PADEP may require 
that the operator conduct monitoring and reporting more frequently and 
to monitor additional parameters.
    At section 88.282--Signs and Markers, Pennsylvania proposes at 
section (c) to require that ground and surface water monitoring 
locations and sampling points used to obtain background information be 
clearly marked and identified. Marking requirements may be waived for 
aesthetic reasons.
    At section 88.283--Sealing of Drilled Holes: General Requirements, 
Pennsylvania proposes at section (d) to reference the Oil and Gas Act.
    At section 88.284--Sealing of Drilled Holes and Exploratory 
Openings, Pennsylvania proposes to require that drilled holes and 
boreholes to be used to return coal refuse to abandoned underground 
workings and wells to be used to monitor groundwater conditions be 
temporarily sealed before used and protected during use.
    At section 88.292--Hydrologic Balance: Effluent Standards, 
Pennsylvania proposes at subsection (a) to change certain groups of 
effluent criteria.
    At section 88.302--Hydrologic Balance: Dams, Ponds Embankments and 
Impoundments, Pennsylvania proposes at subsection (b) to require a 
minimum static safety factor of 1.3.
    At section 88.305--Hydrologic Balance: Groundwater Monitoring, 
Pennsylvania proposes at subsection (b) 

[[Page 7450]]
to specify minimum monitoring standards and parameters and require that 
results be reported every three months for each location. At subsection 
(c), PADEP may require that the operator conduct additional hydrologic 
tests. At subsection (d), PADEP may require that the operator conduct 
monitoring and reporting more frequently and to monitor additional 
parameters.
    At section 88.306--Hydrologic Balance: Surface Water Monitoring, 
Pennsylvania proposes at subsection (a) to require that surface water 
be monitored for parameters that relate to the suitability of the 
surface water for current and approved postmining land uses and to 
specify minimum monitoring standards and parameters. Results are to be 
reported every three months. At subsection (b), PADEP may require the 
operator to conduct monitoring and reporting more frequently and to 
monitor additional parameters.
    At section 88.321--Disposal of Noncoal Wastes, Pennsylvania 
proposes to require that noncoal waste disposal be conducted in 
accordance with the Solid Waste Management Act and related regulations. 
Certain waste materials with low ignition points may not be deposited 
on or near a coal refuse disposal pile.
    At section 88.381--General Requirements, Pennsylvania proposes to 
require at subsection (c)(7) that monitoring plans be presented in 
accordance with certain, specified regulations.
    At section 88.491--Minimum Requirements for Information on 
Environmental Resources, Pennsylvania proposes at subsection (c)(1)(iv) 
to specify minimum water quality description. At subsection (d)(2)(ii), 
water quality data must show specific conductance corrected to 25 
degrees C., total aluminum in milligrams per liter, and other 
information PADEP determines to be relevant. At subsection (j), the 
referenced qualified professional geologist must be registered and maps 
and plans must be prepared with assistance, as necessary, from experts 
in related fields.
    At section 88.492--Minimum Requirements for Reclamation and 
Operation Plan, Pennsylvania proposes at subsection (d)(2)(iii) to 
require that the plan identify monitoring locations and sampling 
frequency, and logically relate to the determination of PHC. At 
subsection d(3), the determination shall address the parameters 
measured in accordance with section 88.491.

Chapter 89--Underground Mining of Coal and Coal Preparation Facilities

    At section 89.24--Sedimentation Ponds, Pennsylvania proposes at 
subsection (c) to require that sedimentation ponds be maintained until 
the disturbed areas has been stabilized and revegetated. The ponds may 
not be removed sooner than two years after the last augmented seeding, 
unless PADEP finds that the disturbed area has been sufficiently 
revegetated and stabilized.
    At section 89.34--Hydrology, Pennsylvania proposes at subsection 
(a)(1) to specify minimum water quality descriptions, and to specify 
the standards for the groundwater monitoring plan. At (a)(2), specific 
conductance standards are required and the standards for the surface 
water monitoring plan are specified.
    At section 89.51--Signs and Markers, Pennsylvania proposes at 
subsection (h) to require that ground and surface water monitoring 
locations and sampling points used to obtain background information be 
clearly marked and identified. Marking requirements may be waived for 
aesthetic reasons.
    At section 89.52--Water Quality Standards, Pennsylvania proposes a 
subsection (c) to change certain groups of effluent criteria.
    At section 89.63--Disposal of Noncoal Wastes, Pennsylvania proposes 
to require that noncoal waste disposal be conducted in accordance with 
the Solid Waste Management Act and related regulations.
    At section 89.101--General Requirements, Pennsylvania proposes at 
subsection (a) to require that impoundments exceeding certain 
classification sizes be designed with assistance, if necessary, from 
experts in related fields. At subsection (b), impoundments which do not 
meet certain classification sizes are subjected to periodic inspections 
and certified by specified registered professionals. At subsection (d), 
PADEP may consider MSHA's review for impoundments. However, PADEP will 
review impoundments in certain cases.
    At section 89.112--Impoundments, Pennsylvania proposes to require a 
minimum static safety factor of 1.3. Impoundments must be certified 
that certain conditions have been met.
    At section 89.141--Application Requirements, Pennsylvania proposes 
at subsection (d) to reference the Oil and Gas Act.
    At section 89.142--Maps, Pennsylvania proposes at subsection (a) to 
require that major electric lines be identified by name or numerical 
reference.
    At section 89.143--Performance Standards, Pennsylvania proposes at 
subsection (b) to specify that a pillar lying partially within the 
support area shall be considered part of the support area and be 
consistent with the other support pillars in size and pattern.
    At section 89.144--Public Notice, Pennsylvania proposes at 
subsection (a) to require that the operator comply with certain, 
specified notification procedures.
    At section 89.172--Informational Requirements, Pennsylvania 
proposes at subsection (b) to specify that PADEP will not issue a 
permit unless it finds, in writing, that the activity will be conducted 
in compliance with specified performance standards.

Chapter 90--Coal Refuse Disposal

    At section 90.13--Groundwater Information, Pennsylvania proposes at 
subsection (1) to specify minimum water quality descriptions.
    At section 90.14--Surface Water Information, Pennsylvania proposes 
at subsection (b)(3) to specify that water quality data show specific 
conductance corrected to 25 degrees C. and total aluminum in milligrams 
per liter.
    At section 90.35--Protection of the Hydrologic Balance, 
Pennsylvania proposes at subsection (b)(3) to require that the ground 
and surface water quality plan identify monitoring locations and 
sampling frequencies and logically relate to the determination of the 
PHC.
    At section 90.39--Ponds, Impoundments, Banks, Dams, Embankments, 
Piles and Fills, Pennsylvania proposes at subsection (e) to require 
that each plan provide for the removal of impoundments constructed of 
or used to impound coal refuse as part of site reclamation.
    At section 90.46--Maps, Pennsylvania proposes at subsection (3) to 
require that the qualified geologist be registered.
    At section 90.92--Signs and Markers, Pennsylvania proposes at 
subsection (g) to require that ground and surface water monitoring 
locations and sampling points used to obtain background information be 
clearly marked and identified. Marking requirements may be waived for 
aesthetic reasons.
    At section 90.102--Hydrologi Balance: Water Qualify Standards, 
Pennsylvania propose at subsection (a) to change certain groups of 
effluent criteria.
    At section 90.108--Hydologic Balance: Sedimentation Ponds, 
Pennsylvania proposes at subsection (c) to require that sedimentation 
ponds not be removed until the disturbed area has been stabilized and 
revegetated and not 

[[Page 7451]]
removed sooner than two years after the last augmented seeding, unless 
PADEP finds that the disturbed area has been sufficiently revegetated 
and stabilized.
    At section 90.111--Impoundments, Pennsylvania proposes at 
subsection (7) to require that impoundments which are constructed of or 
used to impound coal refuse be developed into fills meeting specified 
construction requirements.
    At section 90.112--Dams, Embankments and Impoundments, Pennsylvania 
proposes at subsection (b) to require a status safety factor of 1.3 and 
impoundments must be certified according to certain standards. At 
subsection (f), PADEP may consider MSHA's review for impoundments. 
However, PADEO will review impoundments in certain cases.
    At section 90.113--Coal Processing Waste Dams and Embankments, 
Pennsylvania proposes at subsection (i) to specify that impoundments 
constructed of coal processing wastes or used to impound wastes not be 
retained permanently as part of the postmining land use unless certain 
conditions are met.
    At section 90.115--Groundwater Monitoring, Pennsylvania proposes at 
subsection (b) to specify minimum monitoring standards and parameters 
and require that results be reported every three months for every 
location. At subsection (d), PADEP may require that the operator 
conduct monitoring and reporting more frequently and to monitor 
additional parameters.

    At section 90.116--Surface Water Monitoring, Pennsylvania proposes 
at subsection (a) to require that surface water be monitored for 
parameters that relate to the suitability of the surface water for 
current and approved postmining land uses and to specify minimum 
monitoring standards parameters. Results are to be reported every three 
months for each location. At subsection (b), PADEP may require that the 
operator conduct monitoring and reporting more frequently and to 
monitor additional parameters.

    At section 90.120--Permanent Postdisposal Renovation, Pennsylvania 
proposes to require that impoundments constructed of coal refuse or 
used to impound coal refuse be developed into fills meeting certain 
construction requirements.
    At section 90.130--Coal Refuse Dams, Pennsylvania proposes to 
delete the requirement that the specified structures may not be 
retained permanently as part of the approved postmining land use.
    At section 90.133--Disposal of Noncoal Wastes, Pennsylvania 
proposes to require that noncoal waste disposal be conducted in 
accordance with the Solid Waste Management Act and related regulations.

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 an 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 March 14, 1996. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to speak 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.
    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.

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 

[[Page 7452]]
U.S.C. 601 et seq.). The State submittal which is the subject of this 
rule is based upon counterpart 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 counterpart Federal 
regulations.
List of Subjects in 30 CFR Part 938
    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 16, 1996.
Allen D. Klein,
Assistant Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-4430 Filed 2-27-96; 8:45 am]
BILLING CODE 4310-05-M