[Federal Register Volume 63, Number 114 (Monday, June 15, 1998)]
[Rules and Regulations]
[Pages 32615-32616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15762]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-112-FOR]


Pennsylvania Regulatory Program

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

ACTION: Final rule; correction.

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SUMMARY: This notice corrects an inadvertent omission of a phrase at 30 
CFR 938.16 paragraphs (vvv) through (bbbb), concerning required 
Pennsylvania regulatory program amendments as published on Wednesday, 
April 22, 1998 (63 FR 19802). As originally published, the required 
amendments did not provide Pennsylvania with the option to submit, in 
lieu of proposed written amendments, descriptions of amendments and 
timetables for enactment of the described amendments.

EFFECTIVE DATE: This correction is effective April 22, 1998.

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:

Need for Correction

    As originally published on Wednesday, April 22, 1998 (63 FR 19802), 
the required amendments codified at 30 CFR 938.16 paragraphs (vvv) 
through (bbbb) did not provide 30 CFR 732.17(f). Therefore, this notice 
announces a correction of each of the required amendments to include 
this option.
    Under authority of 30 CFR 1201 et seq., The Federal Register 
published on April 22, 1998, is corrected as set forth below.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 4, 1998.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
    For the reasons set out in the preamble, the final rule published 
April 22, 1998, is corrected 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.

    2. Beginning on page 63 FR 19820, Sec. 938.16, paragraphs (vvv) 
through (bbbb) are corrected to read as follows:


Sec. 938.16  Required regulatory program amendments.

* * * * *
    (vvv) By July 1, 1998, Pennsylvania shall amend the Pennsylvania 
program, or provide a written description of an amendment together with 
a timetable for enactment which is consistent with established 
administrative or legislative procedures in the State, to clarify the 
meaning of the term ``excess soil and related materials'' as that term 
is used in the definition of ``coal refuse disposal activities.''
    (www) By July 1, 1998, Pennsylvania shall amend the Pennsylvania 
program, or provide a written description of an amendment together with 
a timetable for enactment which is consistent with established 
administrative or legislative

[[Page 32616]]

procedures in the State, to authorize stream buffer zone variances for 
coal refuse disposal activities only where such activities will not 
cause or contribute to the violation of applicable State or Federal 
water quality standards, and will not adversely affect water quality 
and quantity, or other environmental resources of the stream.
    (xxx) By July 1, 1998, Pennsylvania shall amend the Pennsylvania 
program, or provide a written description of an amendment together with 
a timetable for enactment which is consistent with established 
administrative or legislative procedures in the State, to clarify, in 
the regulations to be developed to implement the provisions of section 
6.2 of the Coal Refuse Disposal Act (as is required by Section 3.2(b) 
of the Coal Refuse Disposal Act), that preexisting discharges that are 
encountered must be treated to the State effluent standards at Chapter 
90, subchapter D at 90.102.
    (yyy) By July 1, 1998, Pennsylvania shall amend the Pennsylvania 
program, or provide a written description of an amendment together with 
a timetable for enactment which is consistent with established 
administrative or legislative procedures in the State, to clarify that 
Subsection 6.2(h) of the Coal Refuse Disposal Act pertains to 
preexisting discharges that are not encountered'.
    (zzz) By July 1, 1998, Pennsylvania shall amend the Pennsylvania 
program, or provide a written description of an amendment together with 
a timetable for enactment which is consistent with established 
administrative or legislative procedures in the State, to be no less 
effective than 30 CFR 816.116(b)(5), by limiting the application of the 
revegetation standards under Subsection 6.2(k) of its Coal Refuse 
Disposal Act, to areas that were previously disturbed by mining and 
that were not reclaimed to the State reclamation standards.
    (aaaa) By July 1, 1998, Pennsylvania shall amend the Pennsylvania 
program, or provide a written description of an amendment together with 
a timetable for enactment which is consistent with established 
administrative or legislative procedures in the State, to clarify that 
under Subsection 6.2(1) of its Coal Refuse Disposal Act, a special 
authorization for coal refuse disposal operations will not be granted, 
when such an authorization would result in the site being reclaimed to 
lesser standards than could be achieved if the moneys paid into the 
Fund, as a result of a prior forfeiture on the area, were used to 
reclaim the site to the standards approved in the original permit under 
which the bond moneys were forfeited.
    (bbbb) By July 1, 1998, Pennsylvania shall amend the Pennsylvania 
program, or provide a written description of an amendment together with 
a timetable for enactment which is consistent with established 
administrative or legislative procedures in the State, by adding 
implementing rules no less effective than 30 CFR 785.13, and no less 
stringent than SMCRA Section 711 and which clarify that experimental 
practices are only approved as part of the normal permit approval 
process and only for departures from the environmental protection 
performance standards, and that each experimental practice receive the 
approval of the Secretary.

[FR Doc. 98-15762 Filed 6-12-98; 8:45 am]
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