[Federal Register Volume 64, Number 228 (Monday, November 29, 1999)]
[Proposed Rules]
[Pages 66595-66598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30884]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-126-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 (Pennsylvania program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment revises certain portions of 25 Pennsylvania Code 
Chapter 86, Surface and Underground Mining: General, pertaining to 
ownership and control, bonding, civil penalties and areas unsuitable 
for mining. The amendments are intended to revise the Pennsylvania 
program to be consistent with the corresponding Federal regulations.

DATES: Written comments must be received on or before 4 p.m. on

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December 29, 1999. If requested, a public hearing on the proposed 
amendments will be held at 1 p.m. on December 27, 1999. Requests to 
present oral testimony at the hearing must be received on or before 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 
(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 regulatory program amendments 
are identified at 30 CFR 938.15.

II. Discussion of the Proposed Amendment

    By letter dated November 2, 1999 (Administrative Record No. PA-
845.02), the Pennsylvania Department of Environmental Protection 
(PADEP) submitted a proposed amendment to its program pertaining to 
ownership and control, bonding, civil penalties and areas unsuitable 
for mining.
    PADEP proposes to amend certain provisions of 25 Pennsylvania Code 
Chapter 86, Surface and Underground Coal Mining: General, as follows:

Section 86.1.  Definitions

    1. Owned or controlled or owns or controls. PADEP proposes to 
change this terminology by substituting the word ``and'' for the second 
``or'' so it now reads--Owned or controlled and owns or controls. PADEP 
also proposes to modify subparagraph (iii)(E) by deleting the specified 
percentages of 10-50% and including a reference to percentages in the 
Federal regulations instead.
    2. Related party. PADEP proposes to exclude from this definition 
persons who are excluded as owners or controllers based on a percentage 
of ownership under the definition of ``owned or controlled and owns or 
controls'.
    3. Willful Violation. PADEP proposes to add this definition which 
states that a willful violation is an act or omission which violates 
the acts, this chapter, Chapter 87, 88, 89, or 90, or a permit 
condition required by them, committed by a person who intends the 
result which actually occurs.

Section 86.124(a)(6)  Areas Unsuitable for Mining

    PADEP proposes to remove language allowing petitions for 
unsuitability to be submitted after an administratively complete 
surface mining permit has been filed and the first newspaper notice has 
been published. PADEP also proposes to add a statement that the 
Department will provide written notice to the petitioner with a 
statement of its findings.

Section 86.152(d)  Adjustments (Bond Amount)

    PADEP proposes to add section (d) to require notification of 
proposed adjustments to bond amounts to the permittee, the surety and 
any person with a property interest in collateral who have requested 
such notification. The proposed rule also adds language providing the 
permittee an opportunity for informal conference on the adjustment.

Section 86.156  Form of the Bond

    PADEP proposes to add a self bond to the type of bonds the 
Department may accept in new subsection (3). Existing subsection (3) is 
re-numbered as (4) and modified to substitute the term ``bonding 
instruments'' for surety and collateral bonds and bond. Existing 
subsections (4) and (5) are re-numbered as (5) and (6), respectively.

Section 86.160  Combination of Bonding Instruments

    PADEP proposes to change the title of this section from ``Surety/
collateral combination bond'' to that above, and to further modify the 
section to include self bonds as part of the combination of bonds that 
may be accepted.

Section 86.171  Procedures for Seeking Release of Bond

    PADEP proposes to add a phrase to this section that requires the 
Department to inspect a site for bond release within 30 days or as soon 
thereafter as weather conditions permit.

Section 86.182  Procedures

    PADEP proposes to add new subsection (a) which requires the 
Department to notify the permittee and surety of its intent to forfeit 
the bond. Existing subsections regarding bond forfeiture currently 
lettered as (a) through (g) are re-lettered as (b) through (h) without 
modification.

Section 86.193  Assessment of Penalty

    PADEP proposes to increase the threshold for assessment of a 
penalty from $1000 to $1100 in subsections (b) and (c). PADEP also 
proposes to drop mandatory penalties for violations of conducting 
surface mining activities off the permitted area by deleting 
subsections (d) through (g).

Section 86.194  System for Assessment of Penalties

    PADEP proposes to add language in subsection (b)(1)(vi) allowing an 
additional civil penalty amount up to the statutory limit to be 
assessed in extraordinary circumstances.

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    PADEP also proposes to specify $3,000 as the upper limit to be 
assessed based on seriousness in subsection (b)(1).
    PADEP also proposes to modify subsection (b)(2), Culpability, by 
lowering the maximum limit from $1500 to $1200. Also, the proposed 
minimum limit for violations of willful or reckless conduct are to be 
assessed a minimum of $260, down from $2000.
    PADEP also proposes to change the criteria for credit to be given 
for speed of compliance in subsection (b)(3).
    PADEP also proposes to delete the phrase ``without limitation'' in 
subsection (b)(4).
    PADEP also proposes to reduce the review period for the history of 
previous violations from two years to one in subsection (b)(6).
    PADEP proposes to add new subsection (f) entitled ``Revision of 
civil penalty'' . Subsection (1) is added and explains that the 
Department may revise a civil penalty calculated in accordance with 
dollar limits included in subsection (b) and that the basis for 
revision would be fully explained and documented. New subsection (2) is 
added to explain that if the Department revises the civil penalty, the 
Department will use the general criteria in subsection (b) and will 
give a written explanation of the basis for the revision to the person 
to whom the order was issued.

Section 86.195(c)  Penalties Against Corporate Officers

    PADEP proposes to add new subsection (c) which provides for a stay 
and withdrawal of individual civil penalties under certain conditions.

Section 86.201  Procedures for Assessment of Civil Penalties

    PADEP proposes to add new subsection (a) to allow operators to 
submit information to the Department and the inspector concerning 
violations within 15 days of service of a notice of violation or order. 
Existing subsections (a) through (d) are re-lettered (b) through (e), 
respectively. PADEP also proposes to add new subsection (f) to restrict 
the use of certain evidence in formal review proceedings. Existing 
subsection (f) is re-lettered as (g).

Section 86.202  Final Action

    PADEP proposes to change the title of this section from ``Appeal 
Procedures'' to that above.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies 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.

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.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who testifies at a public 
hearing provide us with a written copy of his or her testimony. The 
public hearing will continue on the specified date until all persons 
scheduled to speak have been heard. If you are in the audience and have 
not been scheduled to speak and wish to do so, you will be allowed to 
speak after those who have been scheduled. We will end the hearing 
after all persons scheduled to speak and persons present in the 
audience who wish to speak 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 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 
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

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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: November 18, 1999.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-30884 Filed 11-26-99; 8:45 am]
BILLING CODE 4310-05-P