[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Proposed Rules]
[Pages 67590-67592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33663]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-121-FOR]


Pennsylvania Abandoned Mine Land Reclamation 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 the receipt of a proposed amendment to the 
Pennsylvania Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter 
referred to as the Pennsylvania Program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as 
amended. The proposed amendment adds a new section ``F'' entitled 
Government Financed Construction Contracts (GFCC) to authorize the 
incidental removal of coal at AML sites that would not otherwise be 
mined and reclaimed under the Title V program. The proposed amendment 
also includes the Program Requirements and Monitoring Requirements 
related to the use of GFCC for that purpose. The proposed amendment is 
intended to improve the efficiency of the Pennsylvania program by 
allowing the Government-financed construction exemption in Section 528 
of SMCRA to be applied in cases involving less than 50% financing only 
in the limited situation where the construction constitutes a 
government approved and administered abandoned mine land reclamation 
project under Title IV of SMCRA.

DATES: Written comments must be received on or before 4:00 p.m. on 
January 28, 1998. If requested, a public hearing on the proposed 
amendments will be held at 1:00 p.m. on January 23, 1998. Requests to 
present oral testimony at the hearing must be received on or before 
4:00 p.m. on January 13, 1998.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand-delivered to Mr. Robert J. Biggi, Director, 
Harrisburg Field Office at the first address listed below.
    Copies of the Pennsylvania program, the proposed amendment, a 
listing of any scheduled public meetings or hearing, and all written 
comments received in response to this notice will be available for 
public review at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays:

Office of Surface Mining Reclamation and Enforcement, Harrisburg Field 
Office, Third Floor, Suite 3C, Harrisburg Transportation Center 
(Amtrack), 415 Market Street, Harrisburg, Pennsylvania 17101, 
Telephone: (717) 782-4036.
Pennsylvania Department of Environmental Protection, Bureau of 
Abandoned Mine Reclamation, 400 Market Street, P.O. Box 8476, 
Harrisburg, Pennsylvania 17101, Telephone: (717) 783-2267.

    Each requester may receive, free of charge, one copy of the 
proposed amendment by contacting the OSM Harrisburg Field Office.

FOR FURTHER INFORMATION CONTACT: Mr. Robert J. Biggi, Director 
Harrisburg Field Office, Telephone: (717) 782-4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania Program

    On July 30, 1982, the Secretary of the Interior conditionally 
approved the Pennsylvania program. Background on the Pennsylvania 
program, including the Secretary's findings and the disposition of 
comments can be found in the July 30, 1982 Federal Register (47 FR 
33079). Subsequent actions concerning the AMLR program amendments are 
identified at 30 CFR 938.20 and 938.25.

II. Discussion of the Proposed Amendment

    By letter dated November 21, 1997 (Administrative Record No. PA-
855.00), the Pennsylvania Department of Environmental Protection 
(PADEP) submitted proposed Program Amendment No. 2 to the Pennsylvania 
Abandoned Mine Reclamation Plan. In addition, PADEP also submitted the 
following documents: Introduction; Basis of Authority for the Proposed 
Amendment; AML Amendment Conformance with 30 CFR Section 884.13; 
Assistant Counsel's Opinion of Authority for GFCC; PADEP Organization 
Chart and the Office of Mineral Resources Management Organization 
Chart. The proposed amendment in intended to improve the efficiency of 
the Pennsylvania program by allowing the Government-financed 
construction exemption in Section 528 of SMCRA to be applied to certain 
cases involving less than 50% financing.
    The proposed amendment consists of new Part F, Program Requirements 
and Monitoring Program for GFCC's to be added as follows:

Part F: Government Financed Construction Contracts

    (1) Incidental Coal Removal--PADEP proposes to authorize the 
incidental removal of coal at AML sites that would not otherwise be 
mined and reclaimed under the Title V program. Through its management 
of the permitting process and knowledge of the status of the AML lands 
in Pennsylvania, PADEP plans to enter into agreements with mining 
companies and adjacent permit holders to direct the reclamation of AML 
lands which involve some incidental removal of coal. Following are (3) 
examples of situations where PADEP proposes to utilize the GFCC to 
address AML liabilities.
    (a) Refuse Pile Reclamation--As a result of an extensive history of 
mining in Pennsylvania, thousands of coal refuse piles are scattered 
throughout the state in both the bituminous and anthracite fields. In 
many cases these piles are unsightly, unsafe and are adding to the 
sedimentation and mine drainage pollution of Pennsylvania streams in 
areas that are economically deprived because of poor water quality and 
general aesthetics.
    Dependng on the method used to clean the coal and the volume of 
material available, these piles have varying degrees of value. Those 
piles that are larger in volume and higher in quality have 
traditionally been permitted under the Title V program while the 
smaller, poorer quality have

[[Page 67591]]

remained virtually untouched and are not and will not be likely 
candidates for permitting. These are the types of piles that are 
generally suitable for use in fluidized-bed combustion processes 
employed at cogeneration plants and the types of piles that will be 
reclaimed under the proposed program.
    (b) Reclamation of Abandoned Deep Mines--An example specific to 
this initiative would be represented by an abandoned deep mine that 
includes subsidence problems and acid mine drainage discharges. The 
reclamation of this type of site would involve the daylighting of the 
deep mined area, the incidental and necessary removal of any coal 
encountered, the placement of alkaline material over the area of deep 
mine affected, and the construction of some type of passive treatment 
system to insure the reduction of pollutional loading from the 
discharges. Because of the limited amount of coal available, and the 
potential water quality liability for the discharges, this sample site 
would not be a candidate for a surface mine permit under the Title V 
program. This type of site would particularly appeal to the watershed 
organizations that have been formed to deal with exactly these 
reclamation opportunities with the potential to significantly increase 
water quality in a given watershed.
    (c) Unreclaimed High Walls Adjacent to Active Mine Sites--Nearly 
all permits issued under the Title V program include varying levels of 
remining or are located within close proximity to previously affected 
areas located outside of permit boundaries. In some cases coal along 
the crop barrier may have gone unmined because of poor quality or high 
moisture content. In other cases an additional cut taken off the 
highwall may facilitate a reclamation plan that results in a more 
suitable post-mining land use or may facilitate an abatement project 
(alkaline addition--highwall drains, etc.) that will result in improved 
water quality. In those situations where a Title V permit is 
impractical due to limited coal recovery or poor coal quality, PADEP 
proposes to direct reclamation of these sites through a GFCC which 
allows for the incidental removal of coal to complete reclamation of 
the AML lands.
    (2) Placement of Excess Spoil on Adjacent AML Lands--PADEP proposes 
to authorize the placement of excess spoil from active mining 
operations on AML sites that would not otherwise be mined and reclaimed 
under the Title V program. Through its management of the permitting 
process and the knowledge of the status of AML lands in Pennsylvania, 
PADEP plans to enter into agreements with mining companies and adjacent 
permit holders to direct the reclamation of AML lands adjacent to 
permitted operations. THe institution of this program will allow PADEP 
to maximize its reclamation efforts on AML lands at no expense to the 
funding sources for PADEP's AML program. Savings to the AML program 
would be used for reclamation at other sites throughout the 
Commonwealth.
    The proposed program amendment would offer solutions to the 
following problems that exist throughout Pennsylvania's coal field:
    (1) Conditions which create a risk of fire, landslide, subsidence, 
cave-in or other unsafe, dangerous or hazardous conditions, including 
but not limited to any unguarded or unfenced open pit area, highwall, 
water pool, spoil bank and culm bank, abandoned structure, equipment, 
machinery, tools, or other property used in or resulting from surface 
mining operations, or other serious hazards to public health or safety.
    (2) AMD pollution and sedimentation into Pennsylvania's streams.
    (3) Unsightly, and unproductive property that has been largely 
unreclaimed through either the AML or active mining programs.
    (4) Inadequate funding to address the above three Pennsylvania 
reclamation liabilities.
    Generally speaking, the above conditions exist in areas that are 
economically depressed and environmentally damaged. The necessary 
reclamation represents an AML liability well in excess of hundreds of 
millions of dollars. The proposed program offers an additional solution 
to Pennsylvania's obligation to provide clean water and a safe and 
health environment to its citizens.

Program Requirements

    A. The Department will solicit and accept proposals to enter into a 
GFCC for the purpose of reclamation of abandoned mine lands some of 
which may involve the incidental and necessary removal of coal.
    To be an ``eligible person'' the person must clear the Department's 
standard compliance with the Applicant Violator System (AVS) checks. In 
addition, the person must clear a check through the Commonwealth's 
contractor responsibility program.
    A GFCC under the terms of this amendment, is limited to those 
situations where a contractor proposes to enter into an agreement to 
perform reclamation on abandoned mine lands with the incidental and 
necessary removal of coal or to use excess spoil from a permitted site 
to reclaim an abandoned mine land. Reclamation should also include, 
where feasible, the installation of passive treatment systems and/or 
other measures to mitigate pre-exiting discharges. No processing of 
coal will be conducted on-site.
    Coal refuse ash may be returned to the site consistent with a 
general permit issued by the Department.
    Sewage sludge may be utilized for site reclamation consistent with 
a beneficial use order or land reclamation permit.
    PADEP will conduct an expeditious review of the proposal for 
adequacy of the monitoring plan, erosion and sedimentation control 
plan, operation plan, and reclamation plan. Particular attention will 
be given to the feasibility of installing passive treatment systems 
and/or other measures to mitigate pre-existing discharges. Any 
deficiencies are to be communicated to the contractor in writing.
    Even though reclamation activities under a GFCC are not subject to 
the barrier prohibitions of 86.102, precautions will be designed in the 
operation and reclamation plans to minimize any potential adverse 
impacts on areas that would be considered prohibited areas under a coal 
mining permit.
    A performance bond in an amount determined by the PADEP shall be 
submitted on forms provided by the PADEP for all GFCC sites where bond 
is required.
    B. A proposal for a GFCC will consist of a face sheet and the 
following modules as applicable:

Module #1--Ownership and Right of Entry
Module #2--Ownership and Right of Entry
Module #3--Hydrology
Module #4--Operational Information
Module #5--Streams
Module #25--Flyash
Module #27--Sewage Sludge

    (a) The ownership and control information is to be entered into 
LUMIS and a compliance check/AVS check run. If a ``bar'' is found, the 
proposal is to be returned. If ``no bar'' is found, the proposal will 
be accepted and given on ID number.
    (b) All proposals will be subject to the consultation requirements 
with other state agencies as prescribed by PA's approved AML plan.
    (c) The PADEP will advertise receipt of the proposal (see draft 
notice). This notice shall be run once a week for two weeks in a 
newspaper local to the project area.
    (d) The municipality and the county in which the site is located 
will be

[[Page 67592]]

noticed, by certified letter, that the PADEP received a proposal for a 
GFCC to perform reclamation activities within the municipality.
    (e) Upon final execution of the contract, PADEP will notify the 
host municipality and county by certified mail of the action (see draft 
notice); notify any agencies who submitted comments; notify appropriate 
state Legislators, in writing, of the action; and issue a press release 
of the action (Regional Community Relations Coordinator to assist in 
preparation of this release). If a Small Projects Permit is issued with 
the executed contract, notice must be made in the PA Bulletin.

Monitoring Program for GFCC's

    The PADEP will conduct monthly inspections of all GFCC's until the 
site is determined to be stabilized by vegetation. At that time, the 
PADEP will continue to conduct regular inspections on a quarterly basis 
until the contract receives final approval and final bond release.
    The inspections forms and related instructions to be utilized to 
monitor the GFCC program are part of the amendment.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15, OSM is now 
seeking comment on whether the amendment proposed by Pennsylvania 
satisfies the applicable requirements for the approval of State AMLR 
program amendments. 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 Administration Record.

Public Hearing

    Persons wishing to comment at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by close of 
business on January 13, 1998. If no one requests an opportunity to 
comment at a 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 comment have been heard. Persons in the audience 
who have not been scheduled to comment and who wish to do so will be 
heard following those scheduled. The hearing will end after all persons 
who desire to comment have been heard.

Public Meeting

    If only one person requests an opportunity to comment 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 
amendments may request a meeting at the Harrisburg Field Office by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All 
such meetings will be open to the public and, if possible, notices of 
the meetings will be posted in advance at the locations listed above 
under ADDRESSES. A summary of meeting will be included in the 
Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This proposal 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 and Tribal abandoned mine land reclamation plans and revisions 
thereof since each such plan is drafted and promulgated by a specific 
State or Tribe, not by OSM. Decisions on proposed abandoned mine land 
reclamation plans and revisions thereof submitted by a State or Tribe 
are based on a determination of whether the submittal meets the 
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR 
Parts 884 and 888.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State and Tribal abandoned mine land 
reclamation plans and revisions thereof are categorically excluded from 
compliance with the National Environmental Policy Act (42 U.S.C. 4332) 
by the Manual of the Department of the Interior (516 DM 6, appendix 8, 
paragraph 8.4B(29)).

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 in the analyses 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: December 18, 1997.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-33663 Filed 12-24-97; 8:45 am]
BILLING CODE 4310-05-M