[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Proposed Rules]
[Pages 81864-81866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27602]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[SATS No. PA-172-FOR; Docket ID: OSM-2020-0001; S1D1S SS08011000 
SX064A000 212S180110; S2D2S SS08011000 SX064A000 21XS501520]


Pennsylvania Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are announcing receipt of a proposed amendment to the 
Pennsylvania regulatory program (hereinafter, the Pennsylvania program) 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or 
the Act). Through this proposed amendment, Pennsylvania is requesting 
to make changes to its regulations addressing four required amendments, 
one part not previously approved, and several program revisions 
submitted. The proposed amendment includes, but is not limited to, 
augmented seeding, bonding, haul roads, effluent limitations for 
bituminous underground mines, temporary cessation, definition of 
Surface Mining Activities, civil penalties, administrative 
requirements, and Employee Financial Interest Reporting Form, as well 
as other administrative updates and corrections.
    This document gives the times and locations that the Pennsylvania 
program and this proposed amendment to that program are available for 
your inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., Eastern Standard Time (e.s.t.), January 19, 2021. If requested, 
we may hold a public hearing or meeting on the amendment on January 11, 
2021. We will accept requests to speak at a hearing until 4:00 p.m., 
e.s.t. on January 4, 2021.

ADDRESSES: You may submit comments, identified by SATS No. PA-172-FOR, 
by any of the following methods:
     Mail/Hand Delivery: Ben Owens, Acting Field Office 
Director, Pittsburgh Field Office, 3 Parkway Center South, 2nd Floor, 
Pittsburgh, PA 15220.
     Fax: (412) 937-2903.
     Email: [email protected].
     Federal eRulemaking Portal: The amendment is assigned the 
Docket ID: OSM-2020-0001, If you would like to submit comments go to 
https://www.regulations.gov. Follow the instructions for submitting 
comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the 
Pennsylvania program, this amendment, a listing of any scheduled public 
hearings or meetings, and all written comments received in response to 
this document, you must go to the address listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSMRE's Pittsburgh 
Field Office or the full text of the program amendment is available for 
you to read at https://www.regulations.gov.
    Ben Owens, Acting Field Office Director, Pittsburgh Field Office, 
Office of Surface Mining Reclamation and Enforcement, 3 Parkway Center 
Drive South, 2nd Floor, Pittsburgh, PA 15220. Telephone: (412) 937-
2827. Email: [email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: William S. Allen, Jr., 
Director, Bureau of Mining Programs, Pennsylvania Department of 
Environmental Protection, Rachel Carson State Office Building, 400 
Market Street, Harrisburg, PA 17101.

FOR FURTHER INFORMATION CONTACT: Ben Owens, Acting Field Office 
Director, Pittsburgh Field Office, Office of Surface Mining Reclamation 
and Enforcement, 3 Parkway Center Drive South, 2nd Floor, Pittsburgh, 
PA 15220 Telephone: (412) 937-2827. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Pennsylvania Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory Orders and Executive Reviews

I. Background on the Pennsylvania Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its approved, State program includes, among other

[[Page 81865]]

things, State laws and regulations that govern surface coal mining and 
reclamation operations in accordance with the Act and consistent with 
the Federal regulations. See 30 U.S.C. 1253(a)(1) and (7). Based on 
these criteria, the Secretary of the Interior conditionally approved 
the Pennsylvania program on July 30, 1982. You can find background 
information on the Pennsylvania program, including the Secretary's 
findings, the disposition of comments, and conditions of approval of 
the Pennsylvania program in the July 30, 1982, Federal Register (47 FR 
33050). You can also find later actions concerning the Pennsylvania 
program and program amendments at 30 CFR 938.11, 938.12, 938.13, 
938.15, and 938.16.

II. Description of the Proposed Amendment

    By letter dated March 16, 2020, (Administrative Record No. PA 
906.00), Pennsylvania sent us an amendment to its program under SMCRA 
(30 U.S.C. 1201 et seq.). This submittal addresses four separate 
required program amendments codified at 30 CFR 938.16(m)-(o) (bonding) 
and 938.16(mmm) (haul roads), and a correction to a previously 
unapproved term at 938.12(d) (augmented seeding). In addition, the 
submission includes numerous other revisions to the Pennsylvania 
program that are unrelated to the required amendments.
    The proposed amendment would make changes to the following:
    A. 25 Pa. Code Sec.  86.151(d)--Augmented Seeding (Relating to 
period of liability). The program amendment proposes to delete the term 
``augmented'' in the last sentence in accordance with 30 CFR 938.12(d).
    B. Chapter Sec.  86.158(b) (Relating to Special Terms and 
Conditions for Collateral Bonds). The program amendment proposes to 
make the corrections and/or additions to the rules and reiterate that 
collateral bonds are to be determined by current market value and not 
face value and shall be at least equal to the amount of the bond less 
any legal and liquidation fees, in accordance with 30 CFR 938.16(m)-
(o).
    1. 25 Pa. Code Sec.  86.158(b)(1) proposes to make the revision of 
``may'' to ``will.''
    2. 25 Pa. Code Sec.  86.158(b)(2) proposes to add the wording 
``less any legal and liquidation costs.''
    3. 5 Pa. Code Sec.  86.158(b)(3) proposes to require the posting of 
any needed additional bond amount with the permit renewal, which is at 
least every 5 years.
    C. 25 Pa. Code Sec.  88.1 Haul Roads. The proposed amendment 
expands the definition of haul roads to include public roads that are 
used as an integral part of the coal mining activity in accordance with 
30 CFR 938.16(mmm).
    D. 25 Pa. Code Sec.  89.52 Effluent Limitations for Bituminous 
Underground Mines. The proposed amendment would delete the portion of 
subsection (f), eliminating the alternative effluent limits for passive 
treatment systems for underground mines.
    E. Temporary Cessation. The proposed amendment would make revisions 
in each of the citations for the removal of the upper time limits.
    1. 25 Pa. Code Sec.  87.157 (Relating to cessation of operations: 
Temporary).
    2. 25 Pa. Code Sec.  88.131 (Regarding anthracite surface mines).
    3. 25 Pa. Code Sec.  88.219 (Regarding anthracite bank removal).
    F. 25 Pa. Code Sec.  86.1 and Sec.  87.1 Definition: Surface mining 
activities. Proposed amendment seeks to incorporate by reference the 30 
CFR 701.5 definition of surface mining activities to assure consistency 
with the Federal requirements.
    G. 25 Pa. Code Sec.  86.193(b) and (c)--Civil Penalties. The 
proposed amendment seeks to resolve the fluctuating dollar amount by 
utilizing the Federal point system thereby mandating that the 
assessment of penalty will be reflective of the violation circumstances 
and not a specific dollar amount.
    H. Administrative Requirements
    1. 25 Pa. Code Sec.  86.31(c)(1) (Relating to Public Notices of 
filing of permit applications) seeks to remove the registered mail 
requirement and allow electronic notice in cases where applicable.
    2. 25 Pa. Code Sec.  86.62(a)(3) (Relating to identification of 
interests) seeks to remove the date of issuance requirement.
    I. 25 Pa. Code Sec.  86.238. The proposed amendment seeks to update 
the OSMRE Form 705-1 to Form 23.
    J. Administrative Updates and Corrections
    1. Storm Events--The proposed amendment would remove tables 
provided in Sections 87.103, 88.93, 88.188, 88.293 and 89.53 and 
replaces them with a general reference to data available through NOAA 
or an equivalent resource.
    2. Remining Financial Guarantees The proposed amendment offers the 
following changes:
     25 Pa. Code Sec.  86.281(b) to describe the process used 
to determine the amount of an individual remining financial guarantee;
     to revise Sec.  86.281(c) to clarify that the designated 
amount is maintained at the program level rather than on a permit-by-
permit basis;
     Sec.  86.281(d) to refer to the designated amount when 
describing the permit limit, the operator limit and the program limit; 
and
     Sec.  86.281(f) to describe the reserve;
     Sec.  86.282(a)(4) adds that to participate, the operator 
cannot have been previously issued a notice of violation relating to 
maintaining bonds, including a missing or late payment.
     Sec.  86.284(d) is being revised to read the same as PA 
SMCRA.
    3. Natural Resources Conservation Service. This proposed amendment 
corrects the agency name from Soil Conservation Service to Natural 
Resource Conservation Service.
    4. Conservation District. The proposed amendment corrects the 
reference at Sec.  86.189(b)(4) from Soil Conservation District to its 
current name of Conservation District.
    5. Chapter 92a. This proposed amendment corrects all references of 
Chapter 92 to Chapter 92a in Chapters 86-90.
    6. Department Reference. This proposed amendment updates reference 
of Department of Environmental Resources in Section 86.232 to 
Department of Environmental Protection.
    7. Chapter 96. This proposed amendment seeks to update and include 
reference to Chapter 96 in Sections 87.102, 88.92, 88.187, 88.292, 
89.52 and 90.102.
    8. Coal Ash and Biosolids. This proposed amendment seeks to update 
references of ``fly ash'' to ``coal ash'' and ``sewage sludge'' to 
``biosolids'' in 25 Pa. Code Sec. Sec.  86.54 and 87.100(d).
    9. Anthracite Mine Operators Emergency Bond Fund. This proposed 
amendment seeks to delete the word ``deep'' from 25 Pa. Code Sec.  
86.162a to clarify that not only deep mines are eligible for 
participation.
    10. Coal Refuse Disposal Site Selections. This proposed amendment 
adds language to 52 P.S. Sec.  305.54a to read ``an area adjacent to or 
an expansion of an existing coal refuse disposal site.''
    11. 25 Pa. Code Sec.  86.51 corrects ``. . . a review of the permit 
shall be no less frequent than the permit midterm of every 5 years . . 
.'' The underlined ``of'' should be ``or''.
    12. 25 Pa. Code Sec.  86.84 corrects Mining Enforcement and Safety 
Administration to Mine Safety and Health Administration.
    13. 25 Pa. Code Sec.  88.1 ``A surface right-of-way for purposes of 
travel by land vehicles used in coal exploration of surface coal mining 
and reclamation

[[Page 81866]]

operations.'' The underlined ``of'' should be ``or''.
    14. Remining Program.
     25 Pa. Code Sec.  88.502 the correct citation is Sec.  
88.295(b)-(i).
     25 Pa. Code Sec.  88.507(c) the correct citations are 
Sec. Sec.  88.95(b)-(g), 88.190(b)-(g) and 88.295(b)-(i).
     25 Pa. Code Sec. Sec.  88.508 and 90.308 shall delete the 
references to Sec.  86.172(d) as this subsection does not exist.
    The full text of the program amendment is available for you to read 
at the locations listed above under ADDRESSES or at https://www.regulations.gov.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule 
during the 30-day comment period, they should be specific, confined to 
issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on 
January 4, 2021. If you are disabled and need reasonable accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Statutory Orders and Executive Reviews

Executive Order 12866--Regulatory Planning and Review and Executive 
Order 13563--Improving Regulation and Regulatory Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB) will 
review all significant rules. Pursuant to OMB guidance, dated October 
12, 1993, the approval of State program amendments is exempted from OMB 
review under Executive Order 12866. Executive Order 13563, which 
reaffirms and supplements Executive Order 12866, retains this 
exemption.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSMRE for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

Thomas D. Shope,
Regional Director, North Atlantic--Appalachian Region.
[FR Doc. 2020-27602 Filed 12-16-20; 8:45 am]
BILLING CODE 4310-05-P