[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Proposed Rules]
[Pages 36828-36829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17295]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-124-FOR]


Pennsylvania Regulatory Program

ACTION: Proposed rule; reopening of public comment period.

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SUMMARY: OSM is reopening the public comment period on certain parts 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 amendment was 
submitted on December 18, 1998, with revisions submitted on June 1, 
1999. The comment period is being reopened for changes that deal with 
effluent limitations in 25 PA Code Chapter 87, Subchapter F and Chapter 
88, Subchapter G. Specifically, these changes include the deletion of 
the definition of ``best professional judgement'' at 25 PA Code 87.202 
and 25 Pa Code 88.502, and the deletion of subsections 25 PA Code 
87.207 (b) and 25 PA Code 88.507 (b). Both Secs. 87.207(b) and 
88.507(b) are titled, ``Treatment of Discharges'' and require operator 
treatment of preexisting discharges which are not encountered during 
mining or implementation of the abatement plan with the effluent limits 
established by best professional judgement. The amendment is intended 
to revise the State program to be consistent with the counterpart 
Federal provisions.

DATES: Written comments must be received by 4:00 p.m. on July 23, 1999.

ADDRESSES: Written comments 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, 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, 415 
Market Street, Harrisburg, Pennsylvania 17101, Telephone: (717) 782-
4036.
Pennsylvania Department of Environmental Protection, Bureau of Mining 
and Reclamation, Rachel Carson State Office Building, Post Office Box 
8461, Harrisburg, Pennsylvania 17105-8461, Telephone: (717) 787-5103.

    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 Pennsylvania program 
amendments are identified at 30 CFR 938.15.

II. Discussion of the Proposed Amendment

    The Pennsylvania Department of Environmental Protection (PADEP) 
submitted a proposed amendment to its program pursuant to remining and 
reclamation, postmining discharges, and water supply protection/
replacement in a letter dated December 18, 1998 (Administrative Record 
No. PA-853.01). This proposed amendment was

[[Page 36829]]

published in the Federal Register on March 12, 1999 (64 FR 12269). The 
comment period for this proposal closed on April 12, 1999. During OSM's 
review of this proposal, PADEP submitted changes to supplement the 
original submission. These changes were described in a letter dated 
June 1, 1999 (Administrative Record No. 853.11). In that letter, PADEP 
indicated that the December 18, 1998, submission proposed to remove 
approved program language in 25 PA Code Chapters 87-90 dealing with 
effluent limits for discharges from areas disturbed by coal mining 
activities. The deletion of the definitions of the term ``best 
professional judgement'' from 25 PA Code 87.202 and 88.502 and deletion 
of 25 PA Code 87.207(b) and 88.507(b) are a supplement to this 
proposal. OSM is opening the public comment period to allow comment on 
these additional proposed deletions to the approved Pennsylvania 
program.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comments on the proposed amendments identified above. 
Specifically, OSM is seeking comments on the proposed changes to 
Pennsylvania's regulations that were submitted on June 1, 1999 
(Administrative Record No. PA-853.11). Comments should address whether 
the proposed changes satisfy 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.

IV. Procedural Determinations

Executive Order 12866

    This proposed 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 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: June 30, 1999.
Allen D, Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-17295 Filed 7-7-99; 8:45 am]
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