[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Rules and Regulations]
[Pages 29294-29297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14159]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-117-FOR]


Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Final rule; approval of amendments.

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SUMMARY: OSM is approving 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 843.00) revises the Pennsylvania program to incorporate

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changes made to Chapter 86 (relating to areas unsuitable for mining) by 
the Pennsylvania Environmental Quality Board. The proposed amendment is 
intended to clarify ambiguous language contained in Subchapter D 
concerning the designation of areas as unsuitable for mining, and to 
correct typographical errors.

EFFECTIVE DATE: May 30, 1997.

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.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania Program.
II. Submission of the Amendment.
III. Director's Findings
IV. Summary and Disposition of Comments.
V. Director's Decision.
VI. Procedural Determinations.

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. Submission of the Amendment

    By letter dated December 19, 1996 (Administrative Record Number PA 
843.00), Pennsylvania submitted amendments to the regulations in the 
Pennsylvania program concerning designating areas unsuitable for coal 
surface mining. The amendments are intended to clarify ambiguous 
language contained in Subchapter D concerning the designation of areas 
as unsuitable for mining, and to correct typographical errors.
    The proposed amendment was published in the January 30, 1997, 
Federal Register (62 FR 4504), and in the same notice, OSM opened the 
public comment period and provided opportunity for a public hearing on 
the adequacy of the proposed amendment. The comment period closed on 
March 3, 1997.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment to the Pennsylvania program.
    At Sec. 86.101, in the definition of ``fragile lands'' two 
citations of the State Surface Mining Conservation and Reclamation Act 
are being amended. The Director finds that this change corrects the 
previous and erroneous citation, and does not render the Pennsylvania 
program less effective than the Federal regulations.
    At Sec. 86.101, in the definition of ``surface mining activities,'' 
the term that is being defined, ``surface mining activities'' is being 
changed to read ``surface mining operations. This change has been made 
to improve consistency and clarity of the subchapter by using a single 
term, ``operations,'' throughout. No change has been made to the 
definition. The Director finds that the change will improve the clarity 
and consistency of the subchapter, and does not render the Pennsylvania 
program less effective than the Federal regulations.
    In various places, the terms ``surface mining activities'' and 
``surface mining activity'' are being amended to read ``surface mining 
operation'' and ``surface mining operation.'' respectively. The 
Director finds that these changes are consistent with the change made 
to the definition of ``Surface Mining Operations'' at Sec. 86.101 as 
discussed above, and to not render the Pennsylvania program less 
effective than the Federal regulations.
    In various places the word ``surface'' is being added to clarify 
that the term ``surface mining operations'' is intended. And, at 
various places the work ``activities'' is being replaced by the phrase 
``surface mining operations.'' The Director finds that these changes 
improve the clarity of the regulations, are consistent with the same 
change of the term ``Surface Mining Operations'' at Sec. 86.101. These 
changes do not render the Pennsylvania Program less effective.
    At Sec. 86.121(a) the citation for the State Surface Mining 
Conservation and Reclamation Act is being amended. The Director finds 
that the change does not render the Pennsylvania program less effective 
than the Federal regulations.
    At Sec. 86.127(b) the list of sources of information concerning 
petition areas to more accurately reflect current agency titles and 
likely sources of information. This list is not intended to be an all 
inclusive list of possible sources of information, but a representative 
list of likely sources of information. The Director finds that the 
revisions to this list are reasonable, and do not render the 
Pennsylvania program less effective than the Federal regulations.
    At Sec. 86.130 (a) and (b), the words ``all or certain types of'' 
are being added to clarify that Sec. 86.130 pertains to areas 
designated as unsuitable for all or certain types of surface mining 
operations. The Director finds that these changes are consistent with 
the Federal use of the phrase ``all or certain types of'' at 30 CFR 764 
concerning the State processes for designating areas unsuitable for 
surface coal mining operations.
    Various typographical, grammatical, style, and organizational name 
changes are being made throughout the amendment. The Director finds 
that these changes are nonsubstantive and do not render the 
Pennsylvania regulations less effective than the Federal regulations.

IV. Summary and Disposition of Comments

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(I), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Pennsylvania program. The U.S. 
Department of Labor, Mine Safety and Health Administration (MSHA), 
District 1 responded that the amendments will not conflict with 
existing MSHA regulations. MSHA, District 2 responded and had no 
comments.

Public and State Agency Comments

    The following comments were received in response to the public 
comment period that closed on March 3, 1997. The Pennsylvania 
Historical and Museum Commission, Bureau of Historic Preservation 
responded and stated that the regulations, as they are now written, 
will protect in an appropriate manner the historic and archaeological 
resources of the Commonwealth of Pennsylvania.
    No other comments were received.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). The 
Director has determined that these amendments do not pertain to air and

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water quality standards, and that EPA's concurrence is not required.
    On January 8, 1997, OSM solicited EPA's comments on the proposed 
amendment (Administrative Record No. PA-843.01). The EPA did not 
provide any comments.

V. Director's Decision

    Based on the above findings, the Director is approving the proposed 
amendment as submitted by Pennsylvania on December 19, 1996.
    The Federal regulations at 30 CFR Part 938, codifying decisions 
concerning the Pennsylvania program, are being amended to implement 
this decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. 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 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 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: May 2, 1997.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 938--PENNSYLVANIA

    1. The authority citation for Part 938 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.


Sec. 938.15  [Amended]

    2. Section 938.15 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec. 938.15  Approval of Pennsylvania Regulatory program amendments.

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  Original amendment  submission date         Date of final  publication              Citation/description      
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
December 19, 1996.....................  May 30, 1997..........................  25 PA Code, Chapter 86,         
                                                                                 Subchapter D: 86.101; 86.102;  
                                                                                 86.103; 86.121; 86.122; 86.123;
                                                                                 86.124; 86.125; 86.126; 86.127;
                                                                                 86.128; 86.129; 86.130.        
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[FR Doc. 97-14159 Filed 5-29-97; 8:45 am]
BILLING CODE 4310-05-M