[Federal Register Volume 64, Number 228 (Monday, November 29, 1999)]
[Proposed Rules]
[Pages 66598-66600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30883]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-127-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.

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SUMMARY: OSM is announcing the receipt of a proposed amendment to the 
Pennsylvania Regulatory Program (hereinafter referred to as the 
Pennsylvania program) under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA). Pennsylvania has submitted this proposed amendment 
to reflect changes made to regulations in the Pennsylvania program 
dealing with the Small Operator Assistance Program (SOAP). This 
proposal modifies some requirements and adds other requirements dealing 
with SOAP.

DATES: Written comments must be received by 4 p.m., on December 29, 
1999. If requested, a public hearing on the proposed amendment will be 
held on December 27, 1999. Requests to speak at the hearing must be 
received by 4 p.m., on December 14, 1999.

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. Our practice 
is to make comments, including names and home addresses of respondents, 
available for public review during regular business hours. Individual 
respondents may request that we withhold their home address from the 
rulemaking (or administrative) record, which we will honor to the 
extent allowable by law. There also may be circumstances in which we 
would withhold from the rulemaking (or administrative) record a 
respondent's identity, as allowable by law. If you wish us to withhold 
your name and/or address, you must state this prominently at the 
beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.
    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, 
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

    By letter dated November 8, 1999 (Administrative Record No. PA-
846.02), the Pennsylvania Department of Environmental Protection 
(PADEP) submitted a proposed amendment to its program regarding changes 
to SOAP made because of the Department's Regulatory Basics Initiative 
(RBI). Under the RBI, regulations are revised because they were 
considered unclear, unnecessary or were more stringent that the 
corresponding federal regulations.
    The changes proposed by PADEP in this amendment apply to the 
following parts of the Pennsylvania program: 25 PA Code 86.80-86.87, 
86.91, 86.92, 86.94, and 86.95. These changes are summarized below.
    1. A new section, 25 PA Code 86.80 titled ``Definitions,'' is 
proposed to be added to the Pennsylvania program. A definition of the 
term ``qualified consultant and qualified laboratory'' is proposed to 
be added to this section. The term is defined as a designated public 
agency, private consulting firm, institution or analytical laboratory 
which can provide the required services under this program in 
accordance with Sec. 86.92 (relating to basic qualifications).
    2. Several changes are proposed for 25 PA Code 86.81. The first 
sentence in this section is proposed to be identified as subsection (a) 
and the phrase ``for qualified small operators who request assistance'' 
is proposed to be removed. A new subsection (a)(1) which states 
``Review requests for assistance,'' is proposed and the former 
subsection (1) is proposed to be designated as (a)(2). A change to 
former subsection (1)(iii) [now designated as (a)(2)(iii)] proposes 
that under SOAP the Department will pay a qualified consultant to 
provide a description of existing resources within and adjacent to the 
proposed area in accordance with one of the following:

(A) Section 87.41-87.47, 87.50 and 87.54.
(B) Sections 88.21-88.27 and 88.31.
(C) Sections 89.33-89.36, 89.38 and 89.74.

    These referenced sections were changed from the original language 
which required a description of the existing resources in accordance 
with either Secs. 87.41-87.50, 87.52-87.54, 88.21-88.33 or Secs. 89.33-
89.38, 89.71-89.74, 89.102, 89.121, 89.122, 89.141, 89.142(a).
    PADEP is proposing to change references to other regulations in 
former subsection (1)(iv) [now designated as (a)(2)(iv)]. This 
subsection requires detailed descriptions of the proposed coal mining 
activities showing the manner in which the proposed permit area will be 
mined and reclaimed in accordance with references with other 
regulations. The proposal now reads: ``Provide a detailed description, 
to

[[Page 66599]]

include maps, plans and cross sections, of the proposed coal mining 
activities showing the manner in which the proposed permit area will be 
mined and reclaimed in accordance with one of the following:
    (A) Sections 87.69, 87.77 and 87.84 (relating to protection of 
hydrologic balance; protection of public parks and historic places; 
and, fish and wildlife protection and enhancement plan).
    (B) Sections 88.49, 88.56 and 88.62 (relating to protection of 
hydrologic balance; protection of public parks and historic places; and 
fish and wildlife protection and enhancement plan).
    (C) Sections 89.33-89.36, 89.38 and 89.74.
    Former subsection (2) is proposed to be relabeled as (a)(3) and a 
new subsection (b) is proposed to be added. Subsection (b) states ``If 
funds allocated by the Department for the payment of services provided 
to the applicant are less than those required to pay for the services, 
the applicant is responsible for costs exceeding the amount of funds 
allocated for the services provided to the applicant.''
    3. The changes proposed for 25 PA Code 86.82 include deleting 
subsection (a)(1) which states the Department will review requests for 
assistance and determine qualified operators. This change will cause 
subsequent subsections to be renumbered, e.g., former subsection (a)(2) 
is now (a)(1), former subsection (a)(3) is now (a)(2), former 
subsection (a)(4) is now (a)(3) and former subsection (a)(5) is now 
(a)(4).
    4. One subsection of 25 PA Code 86.83 was proposed to be changed. 
In subsection (a)(2) the phrase ``the applicant's operations during the 
12-month period immediately following the date'' has been deleted. This 
subsection as proposed now reads ``Establishes that the probable total 
attributed annual production from all locations on which the applicant 
is issued the mining activities permit will not exceed 300,000 tons.''
    Additionally, PADEP is proposing to add subsection (c) to 25 PA 
Code 86.83. This subsection states ``For the purpose of this 
subchapter, measurement of coal production will be based on the 
production reported to the office of surface mining reclamation and 
enforcement for the purpose of the reclamation fee payment.''
    5. There are several changes proposed for 25 PA Code 86.84. 
Subsection (a) is proposed to be deleted and former subsection (b) is 
relabeled as subsection (a). The first phrase in the new subsection (a) 
is proposed to read ``An application for assistance shall contain the 
following information.'' Other changes include the proposed deletion of 
former subsection (a)(2)(iii) which required a SOAP application to 
contain the surface mining operator's license number, if applicable. A 
requirement to provide the mine operator's license number now appears 
as newly proposed subsection 86.84(a)(7). Finally, subsection (c) has 
been relabeled as subsection (b) and is proposed to be changed to read 
``The application shall be attested by a notary public or district 
justice.''
    6. PADEP is proposing to add subsection (a)(3) to 25 PA Code 86.85. 
Subsection (a)(3) reads ``Provide the applicant a copy of the contract 
or other appropriate work order for the qualified consultants' services 
and the consultants' report within 15 days of the Department's final 
approval.'' Subsection (b) of 25 PA Code 86.85 is proposed to be 
changed to read ``The granting of assistance under this program does 
not imply that the Department will approve a subsequent permit 
application.'' In addition, PADEP is proposing to add subsection (c) to 
25 PA Code 86.85. This proposed subsection reads ``Within 45 days of 
receipt of a complete application for assistance, the Department will 
inform the applicant in writing if the application is denied and will 
state the reason for denial.''
    7. PADEP is proposing to delete 25 PA Code 86.86. This section 
required the Department to provide the applicant a copy of the contract 
or other appropriate work order for the consultants' services and the 
final approval report. This section also required the Department to 
inform the applicant in writing if the application is denied and to 
state the reason for denial. PADEP is proposing to retitle this section 
as ``Reserved.''
    8. PADEP is proposing to change the sentence structure of 
subsection (a) of 25 PA Code 86.87. The proposed language now reads 
``The Department will determine the data collection requirements to 
meet the objectives of the program for each applicant or group of 
applicants. Development of information on environmental resources, 
operation plans and reclamation plans may proceed concurrently with 
data collection and analyses required for the determination of the 
probable hydrologic consequences of the proposed mining activities if 
specifically authorized by the Department in an approved work order.''
    9. PADEP is proposing to delete 25 PA Code 86.91. This section was 
titled, ``Definitions and Responsibilities'' and contained in 
subsection (a) definitions for the terms ``qualified consultant'' and 
``qualified laboratory.'' These terms are now defined under the 
proposed section 25 PA Code 86.80. Subsection (b) required persons who 
wanted to be included in a list of qualified consultants or 
laboratories to apply to the Department. This subsection, with some 
modifications, has been moved to 25 PA Code 86.92(c). Subsection (c) 
required the Department to designate and maintain a list of qualified 
consultants and laboratories who demonstrate that they meet the 
qualifications of Sec. 86.92. PADEP is proposing to retitle this 
section as ``Reserved.''
    10. In 25 PA Code 86.92, PADEP is proposing to add subsection (c). 
This subsection reads ``Persons who desire to be included in the list 
of qualified consultants or qualified laboratories established by the 
Department under Sec. 86.82 (relating to responsibilities) shall apply 
to the Department and provide the information necessary to establish 
the qualifications required by this section.''
    11. PADEP is proposing two changes to 25 PA Code 86.94. The first 
change in subsection (a)(3) replaces the word ``mine'' with the term 
``commence mining.'' The proposed revision reads ``Fails to commence 
mining within 3 years after obtaining a permit.'' The second proposed 
revision is the deletion of subsection (c) and the subsequent 
relabeling of subsection (d) as subsection (c). The deleted language of 
former subsection (c) stated ``If funds allocated for the services are 
less than those required to pay for the services, the applicant is 
responsible for costs exceeding the amount of funds allocated for the 
services to the applicant.''
    12. The final change proposed by PADEP is the deletion of 25 PA 
Code 86.95. This section was titled, ``Measurement'' and reads ``For 
the purpose of this program, measurement of coal production will be 
based on the production reported to the Office of Surface Mining 
Reclamation and Enforcement for the purpose of the reclamation fee 
payment.'' PADEP is proposing to retitle this section as ``Reserved.''

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the amendment proposed by Pennsylvania 
satisfies the applicable requirements for the approval of State program 
amendments. If the amendment is deemed adequate, it will become part of 
the Pennsylvania program.

[[Page 66600]]

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 December 14, 1999. If no one requests an opportunity to 
comment at a public hearing, the hearing will not be held.
    If a public hearing is held, it 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. Filing of a written 
statement at the time of the hearing is requested as it will greatly 
assist the transcriber.

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 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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), this rule will not produce a Federal mandate of $100 million 
or greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 18, 1999.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-30883 Filed 11-26-99; 8:45 am]
BILLING CODE 4310-05-P