[Federal Register Volume 64, Number 242 (Friday, December 17, 1999)]
[Proposed Rules]
[Pages 70644-70650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32740]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-129-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), 30 U.S.C.
1201 et seq., as amended. Pennsylvania has submitted this proposed
amendment to reflect changes made to regulations in the Pennsylvania
program through the Department's Regulatory Basics Initiative (RBI).
Under this initiative, regulations were revised because they were
considered to be unclear, unnecessary or more stringent than the
corresponding Federal regulation. The RBI resulted in the rulemaking in
Coal Mining Permitting and Performance Standards, Pennsylvania
Bulletin, Vol. 28, No. 19, May 9, 1998. The proposed amendment revises
certain portions of 25 Pennsylvania Code Chapter 86, Surface and
Underground Mining: General; Chapter 87, Surface Mining of Coal;
Chapter 88, Anthracite Coal; Chapter 89, Underground Mining of Coal and
Coal Preparation Facilities; and Chapter 90, Coal Refuse Disposal. 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 4:00 p.m. on
January 18, 2000. If requested, a public hearing on the proposed
amendments will be held at 1:00 p.m. on January 11, 2000. Requests to
present oral testimony at the hearing must be received on or before
4:00 p.m. on January 3, 2000.
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 30, 1999 (Administrative Record No. PA-
849.02), the Pennsylvania Department of Environmental Protection
(PADEP) submitted a proposed amendment to its program because of the
department's Regulatory Basics Initiative (RBI). Under the RBI,
regulations were revised because they were considered unclear,
unnecessary or were more stringent than the corresponding federal
regulations.
PADEP proposes to amend certain provisions of 25 Pennsylvania Code,
Chapters 86 through 90, as follows:
Chapter 86, Surface and Underground Coal Mining: General
Section 86.2 Scope
PADEP proposes to correct a grammatical error by changing the word
``specify'' to ``specifies'' in the opening paragraph.
Section 86.37. Criteria for Permit Approval or Denial
PADEP proposes to modify subsection (4) to assure activities
proposed under the application have been designed to prevent material
damage to the hydrologic balance outside the proposed permit area by
adding the word ``material'' before damage and eliminating the words
``within and'' before the word ``outside''.
PADEP proposes to modify subsection (6) regarding the effects of
proposed coal mining activities on properties listed on or eligible for
listing on the National Register of Historic Places by deleting the
phrase ``or eligible for inclusion on'' from the second sentence and
re-ordering the sentences. The first two sentences of subsection (6)
now read as: ``The proposed activities will not adversely affect any
publicly owned parks or places included on the National Register of
Historic Places, except as provided for in Subchapter D. The effect of
the proposed coal mining activities on properties listed on or eligible
for listing on the National Register of Historic Places has been taken
into account by the Department''.
Section 86.40 Permit Terms
PADEP proposes to modify subsection (b) by adding criteria under
which the Department may grant an extension of time for commencement of
mining activities by adding the phrase ``or if there are conditions
beyond the control and without the fault or negligence of the
permittee''.
[[Page 70645]]
Section 86.64 Right of Entry
PADEP proposes to modify this section by adding additional criteria
for documenting right of entry by adding the following sentence to
subsection (a) ``The description shall identify the documents by type
and date of execution, identify the specific lands to which the
document pertains and explain the legal rights claimed by the
applicant''. Existing subsection (b)(1) and (2) are eliminated and new
subsections (b)(1) through (3) are added specifying the documents
required. New subsection (c) is added as ``This section shall not be
construed to provide the Department with the authority to adjudicate
property rights disputes''. Existing subsection (c) is re-lettered as
(d), new subsection (d)(3) is added to specify that the requirements of
the subsection are in addition to the requirements required by
subsections (a) and (b), and existing subsections (2)(d) and (2)(e) are
re-lettered as(3)(e) and (3)(f), respectively, which specify that all
information required in the subsection shall be made part of the permit
application.
Section 86.70 Proof of Publication
PADEP proposes to modify this subsection to require that an
application to the Department shall contain an intent to publish, and a
copy of the language to appear in the public notice as well as a copy
of the advertisements or the original notarized proof of publication.
Section 86.132 Definitions
Substantially disturb. PADEP proposes to modify this definition by
adding the word ``significant'' before ``impact''. The relevant portion
of the definition now reads ``For purposes of coal exploration,
including, but not limited to, to have a significant impact upon land,
air or water resources * * *''
Section 86.133 General Requirements
PADEP proposes to modify subsection (e) to include parameters for
metric tons, and to change the word ``less than'' to ``or less'' and to
change the words ``or more'' to ``more than''. The relevant portion of
the requirement now reads ``if 250 tons(226 metric tons) or less is
removed'', and ``The removal of more than 250 tons (226 metric tons) of
coal * * *''
Section 86.134 Coal Exploration Performance and Design Standards
PADEP proposes to modify subsection (l) by eliminating existing
subsections (2) and (3) that required the person conducting coal
exploration to measure environmental characteristics during the
operations and to limit vehicular traffic and adding new subsection (2)
that states ``Roads used for coal exploration shall comply with the
following''. Existing subsections (4) and (5) are re-numbered as (3)
and (4), existing subsection (6) is eliminated and new subsection (5)
is added as follows: ``All areas disturbed by coal exploration
activities shall be vegetated in a manner that encourages prompt
revegetation and recovery of a diverse, effective and permanent
vegetative cover''. Additionally, existing subsections (7) through (12)
are re-numbered as (6) through (11) respectively.
Section 86.174 Standards for Release of Bonds
PADEP proposes to modify subsection (b)(1) to clarify the standards
for Stage 2 bond release by requiring that topsoil and revegetation be
successfully completed in accordance with the reclamation plan. The
phrase ``and the standards for the success of revegetation are met'' is
eliminated. PADEP also proposes to make a grammatical change to
Subsection (b)(2) by changing the word ``their'' to ``the'' prior to
``requirements of the acts pertaining to contribution of suspended
solids to stream flow''.
Chapter 87, Surface Mining of Coal
Section 87.1 Definitions
PADEP proposes to add subsection (x) ``unmanaged natural habitat'',
which is defined as idle land which does not require a specific
management plan after the reclamation and revegetation have been
accomplished.
Section 87.77 Protection of Public Parks and Historic Places
PADEP proposes to modify subsection (a) by specifying that the
rules pertain to publicly owned parks or historic places that are
listed on the National Register of Historic Places.
Section 87.93 Casing and Sealing of Drilled Holes
PADEP proposes to modify subsection (a)(2) by substituting the word
``minimize'' for the phrase ``prevent to the maximum extent possible''
and adding a metric measurement of 38.1 meters to subsection (e)
pertaining to the radius of the barrier of undisturbed earth around all
oil and gas wells.
PADEP proposes to modify subsection (2)(iii) pertaining to when the
Department may approve lesser distances by deleting the existing
language and adding the following: ``The measures included in the
permit to minimize damage, destruction or disruption of services
pursuant to Sec. 87.173(b) are implemented.
Section 87.97 Topsoil: Removal
PADEP proposes to modify subsection (c) by including metric
measurements of 30.48 centimeters with the 12-inch measurement and to
modify subsection (f) by substituting the word ``topsoil'' for
``subsoil.''
Section 87.101 Hydrologic Balance: General Requirements
PADEP proposes to modify subsection (a) by substituting the word
``minimize'' for the phrase ``prevent to the maximum extent possible''
and by adding a requirement that surface mining activities shall be
planned and conducted to prevent material damage to the hydrologic
balance outside the permit area. PADEP further proposes to add that the
Department may require additional preventative, remedial, or monitoring
measures to assure that material damage to the hydrologic balance
outside the permit area is prevented.
Section 87.106 Hydrologic Balance: Sediment Control Measures
PADEP proposes to modify subsection (l) pertaining to prevention of
contributions of sediment to streamflow or runoff by eliminating the
word ``maximum'' prior to the words ``extent possible''.
PADEP also proposes to modify subsection (3) by changing the
language of the requirement from ``Prevent erosion to the maximum
extent possible'' to ``Minimize erosion to the extent possible.''
Section 87.126 Use of Explosives: Public Notice of Blasting Schedule
PADEP proposes to modify subsection (a) by allowing publication of
the blasting schedule in a newspaper of general circulation up to 30
days before beginning a blasting program instead of the existing 20 day
period.
Section 87.127 Use of Explosives: Surface Blasting Requirements
PADEP proposes to modify subsection (f)(5) by changing the limit
for casting-off flyrock from the ``line of property owned or leased by
the permittee'' to the ``permit boundary''.
Section 87.138 Protection of Fish, Wildlife and Related Environmental
Values
PADEP proposes to modify subsection (a) by adding the phrase ``to
the extent possible'' prior to the phrase ``using the best technology
currently available''. PADEP also proposes to modify
[[Page 70646]]
subsections (a)(1) through (a)(3) by eliminating the word ``prevent''
and substituting the words ``minimize'', ``avoid or minimize'' and
``avoid'' respectively, as they pertain to disturbances.
PADEP also proposes to modify subsection (b) by changing the name
of the Fish Commission to the Fish and Boat Commission.
Section 87.144 Backfilling and Grading: Final Slopes
PADEP proposes to modify subsection (c) by deleting subsections (1)
through (4) enumerating requirements for terraces. PADEP also proposes
to modify subsection (f) by eliminating specific grading, preparation
of overburden, and placement of topsoil requirements pertaining to
placement in a direction other than parallel when parallel placement
creates hazards to equipment operators.
Section 87.146 Regarding or Stabilizing Rills and Gullies
PADEP proposes to eliminate the existing subsection and substitute
the following new subsections:
(a) Exposed surface areas shall be protected and stabilized to
effectively control erosion and air pollution attendant to erosion.
(b) Rills and gullies, which form in areas that have been regraded
and topsoiled and which do one of the following shall be filled,
regraded and otherwise stabilized:
(1) Disrupt the approved postmining land use or the reestablishment
of the vegetative cover.
(2) Cause or contribute to a violation of water quality standards
for receiving streams.
(c) For the areas listed in subsection (b), the topsoil shall be
replaced and the areas shall be reseeded or replanted.
Section 87.159 Postmining Land Use
PADEP proposes to modify subsection (b) by eliminating subsections
(3) and (4) pertaining to land that has received improper management or
was changed within 5 years of the beginning of mining.
PADEP also proposes to add new subsection (3) as follows: ``The
proposed postmining land use is reasonably likely to be achieved which
may be demonstrated by one or more of the following or other similar
criteria'': Criteria currently identified in subsections (3), (4), and
(5) are re-lettered as (i), (ii) and (iii) respectively, under new
subsection (3).
PADEP also proposes to eliminate subsection (6) pertaining to
certification of plans for postmining land use by a registered
professional engineer. Existing subsections (7), (8) and (9) are re-
numbered as (4), (5) and (6), respectively.
Section 87.160 Haul Roads and Access Roads
PADEP proposes to modify subsection (a) by eliminating the phrase
``prevent, to the maximum extent possible'', and substituting the words
``control or prevent'' prior to ``erosion and contributions of sediment
to streams or runoff * * *''.
Section 87.166 Haul Roads and Access Roads: Restoration
PADEP proposes to modify this subsection by substituting the phrase
``as soon as practicable'' for the word ``immediately''.
PADEP also proposes to modify subsection (4) by eliminating the
requirement that roadbeds be plowed. The subsection now reads
``Roadbeds shall be ripped or scarified''.
Section 87.173 Support Facilities and Utility Installations
PADEP proposes to modify subsection (a) by eliminating criteria
from the opening paragraph and deleting subsections (1) and (2). The
criteria to locate, maintain and use buildings is now included in new
subsections (1), (2), (2)(i) and (2)(ii) as follows:
(1) Prevents or controls erosion and siltation, water pollution,
and damage to public or private property.
(2) To the extent possible using the best technology currently
available:
(i) Minimizes damage to fish, wildlife and related environmental
values.
(ii) Minimizes additional contributions of suspended solids to
streamflow or runoff outside the permit area. These contributions may
not be in excess of limitations of State or Federal law.
Section 87.174 Steep Slope Operations
PADEP proposes to eliminate subsection (g) pertaining to
Departmental approval of unprotected drainage channels on backfilled
areas.
Section 87.176 Auger Mining
PADEP proposes to delete subsection (d) pertaining to augering to
the rise. Existing subsection (e) is re-lettered as (d) and further
modified to outline situations where the Department may allow auger
mining in subsections (d)(1) through (d)(4).
Section 87.209 Criteria and Schedule for Release of Bonds on Pollution
Abatement Areas
PADEP proposes to modify subsection (a) by raising the amount of
bond to release from 50% to 60%. PADEP also proposes to modify
subsection (a)(4) to specify that the operator has not caused
degradation of baseline pollution at any time during a period of 6
months prior to request for bond release. PADEP further proposes to
modify subsection (b) by deleting the phrase that allows release of
additional bond up to 35% of the amount of the bond for the authorized
pollution abatement area and substituting the phrase that additional
funds can be released, but that the Department will retain an amount
sufficient to cover the cost to the Department of reestablishing
vegetation if completed by a third party.
PADEP also proposes to modify subsection (b)(3)(ii)(I) by deleting
the phrase ``from the date of the initial bond release under subsection
(a)'' and substituting the phrase ``prior to the date of application
for bond release and until the bond release is approved under
subsection (b) * * *'' as it pertains to the 12 month period of ground
water monitoring that does not show degradation of baseline pollution
load.
PADEP proposes to modify subsection (c)(4) pertaining to the
release of the remaining portion of the bond by deleting the phrase
``which shall be measured from the date of release of bond under
subsection (b).''
Chapter 88, Anthracite Coal
Section 88.1 Definitions
PADEP proposes to add subsection (x) ``unmanaged natural habitat'',
which is defined as idle land which does not require a specific
management plan after the reclamation and revegetation have been
accomplished.
Section 88.56 Protection of Public Parks and Historic Places
PADEP proposes to modify subsection (a) by specifying that the
rules pertain to publicly owned parks or historic places that are
listed on the National Register of Historic Places.
Section 88.83 Sealing of Drilled Holes: General Requirements
PADEP proposes to modify subsection (a)(2) by substituting the word
``minimize'' for the phrase ``prevent to the maximum extent possible''
and adding a metric measurement of 38.1 meters to subsection (e)
pertaining to the radius of the barrier of undisturbed earth around oil
and gas wells.
PADEP proposes to modify subsection (2)(iii) pertaining to when the
Department may approve lesser distances by deleting the existing
language and adding the following: ``The measures included in the
permit to minimize damage, destruction or
[[Page 70647]]
disruption of services are implemented.''
Section 88.91 Hydrologic Balance: General Requirements
PADEP proposes to modify subsection (a) by substituting the word
``minimize'' for the phrase ``prevent to the maximum extent possible''
and by adding a requirement that surface mining activities shall be
planned and conducted to prevent material damage to the hydrologic
balance outside the permit area. PADEP further proposes to add that the
Department may require additional preventative, remedial, or monitoring
measures to assure that material damage to the hydrologic balance
outside the permit area is prevented.
Section 88.96 Hydrologic Balance: Sediment Control Measures
PADEP proposes to modify subsection (l) pertaining to prevention of
contributions of sediment to streamflow or runoff by eliminating the
word ``maximum'' prior to the words ``extent possible''.
PADEP also proposes to modify subsection (3) by changing the
language of the requirement from ``Prevent erosion to the maximum
extent possible'' to ``Minimize erosion to the extent possible.''
Section 88.118 Backfilling and Grading: Final Slopes
PADEP proposes to modify subsection (c) by deleting subsections (1)
through (4) enumerating requirements for terraces. PADEP also proposes
to modify subsection (f) by eliminating specific grading, preparation
of overburden, and placement of topsoil requirements pertaining to
placement in a direction other than parallel when parallel placement
creates hazards to equipment operators.
Section 88.133 Postmining Land Use
PADEP proposes to modify subsection (a) by deleting the reference
to Subchapter E (relating to coal exploration) and adding the reference
to Subchapter F (relating to bonding and insurance requirements).
PADEP also proposes to modify subsection (b) by eliminating
subsections (3) and (4) pertaining to land that has received improper
management or was changed within 5 years of the beginning of mining.
PADEP also proposes to add new subsection (3) as follows: ``The
proposed postmining land use is reasonably likely to be achieved which
may be demonstrated by one or more of the following or other similar
criteria': Criteria currently identified in subsections (3) and (4) are
re-lettered as (i), (ii) respectively under new subsection (3).
PADEP also proposes to eliminate subsection (5) pertaining to
certification of plans for postmining land use by a registered
professional engineer. Existing subsections (6), (7) and (8) are re-
numbered as (4), (5) and (6), respectively.
Section 88.138 Haul Roads and Access Roads: General
PADEP proposes to modify subsection (a) by eliminating the phrase
``prevent, to the maximum extent possible'', and substituting the words
``control or prevent'' prior to ``erosion and contributions of sediment
to streams or runoff * * *''.
Section 88.144 Haul Roads and Access Roads: Restoration
PADEP proposes to modify this subsection by substituting the phrase
``as soon as practicable'' for the word ``immediately''.
Section 88.191 Hydrologic Balance: Sediment Control Measures
PADEP proposes to modify subsection (l) pertaining to prevention of
contributions of sediment to streamflow or runoff by eliminating the
word ``maximum'' prior to the words ``extent possible''.
PADEP also proposes to modify subsection (3) by changing the
requirement from ``Prevent erosion to the maximum extent possible'' to
``Minimize erosion to the extent possible.''
Section 88.221 Postmining Land Use
PADEP proposes to modify subsection (b) by eliminating subsections
(3) and (4) pertaining to land that has received improper management or
was changed within 5 years of the beginning of mining. PADEP also
proposes to add new subsection (3) as follows: ``The proposed
postmining land use is reasonably likely to be achieved which may be
demonstrated by one or more of the following or other similar
criteria'': Criteria currently identified in subsections (3) and (4)
are re-lettered as (i) and (ii) respectively under new subsection (3).
PADEP also proposes to eliminate subsection (5) pertaining to
certification of plans for postmining land use by a registered
professional engineer. Existing subsections (6), (7) and (8) are
renumbered as (4), (5) and (6), respectively.
Section 88.231 Haul Roads and Access Roads: General
PADEP proposes to modify subsection (a) by eliminating the phrase
``prevent, to the maximum extent possible'', and substituting the words
``control or prevent'' prior to ``erosion and contributions of sediment
to streams or runoff . . .''.
Section 88.237 Haul Roads and Access Roads: Restoration
PADEP proposes to modify this subsection by substituting the phrase
``as soon as practicable'' for the word ``immediately''.
Section 88.283 Sealing of Drilled Holes: General Requirements
PADEP proposes to modify subsection (e) by adding a metric
measurement of 38.1 meters pertaining to the radius of the barrier of
undisturbed earth around all oil and gas wells.
PADEP also proposes to modify subsection (2)(iii) pertaining to
approval of lesser distances by deleting the existing language and
adding the following: ``The measures included in the permit to minimize
damage, destruction or disruption of services are implemented.''
Section 88.291 Hydrologic Balance: General Requirements
PADEP proposes to modify subsection (a) by substituting the word
``minimize'' for the phrase ``prevent to the maximum extent possible''
and by adding a requirement that surface mining activities shall be
planned and conducted to prevent material damage to the hydrologic
balance outside the permit area. PADEP further proposes to add that the
Department may require additional preventative, remedial, or monitoring
measures to assure that material damage to the hydrologic balance
outside the permit area is prevented.
Section 88.296 Hydrologic Balance: Sediment Control Measures
PADEP proposes to modify subsection (l) pertaining to prevention of
contributions of sediment to streamflow or runoff by eliminating the
word ``maximum'' prior to the words ``extent possible''.
Section 88.334 Postdisposal Land Use
PADEP proposes to modify subsection (a) by changing the reference
from ``this section (bonds)'' to ``Chapter 86, Subchapter F, (relating
to bonding and insurance requirements)''.
PADEP also proposes to modify subsection (b) by eliminating
subsections (3) and (4) pertaining to
[[Page 70648]]
land that has received improper management or was changed within 5
years of the beginning of mining.
PADEP also proposes to modify subsection (c)(1) by deleting the
reference to ``surface mining'' and substituting ``coal refuse
disposal''.
PADEP also proposes to add new subsection (3) as follows: ``The
proposed postmining land use is reasonably likely to be achieved which
may be demonstrated by one or more of the following or other similar
criteria': Criteria currently identified in subsections (3) and (4) are
re-lettered as (i) and (ii) respectively, under new subsection (3), and
(i) is further changed by deleting the reference to ``surface mining''
and substituting ``coal refuse disposal''.
PADEP also proposes to eliminate subsection (5) pertaining to
certification of plans for postdisposal land use by a registered
professional engineer. Existing subsections (6), (7), and (8) are re-
numbered as (4), (5) and (6), respectively.
Section 88.335 Haul Roads and Access Roads: General
PADEP proposes to modify subsection (a) by eliminating the phrase
``prevent, to the maximum extent possible'', and substituting the words
``control or prevent'' prior to ``erosion and contributions of sediment
to streams or runoff . . .''.
Section 88.341 Haul Roads and Access Roads: Restoration
PADEP proposes to modify this subsection by substituting the phrase
``as soon as practicable'' for the word ``immediately''.
Section 88.492 Minimum Requirements for Reclamation and Operation Plan
PADEP proposes to modify subsection (f)(1) by specifying that the
rules pertain to publicly owned parks or historic places that are
listed on the National Register of Historic Places.
Section 88.509 Criteria and Schedule For Release of Bonds on Pollution
Abatement Areas.
PADEP proposes to modify subsection (a) by raising the amount of
bond to release from 50% to 60%. PADEP also proposes to modify
subsection (a)(4) to specify that the operator has not caused
degradation of baseline pollution at any time during a period of 6
months prior to request for bond release. PADEP further proposes to
modify subsection (b) by deleting the phrase that allows release of
additional bond up to 35% of the amount of the bond for the authorized
pollution abatement area and substituting the phrase that additional
funds can be released, but that the Department will retain an amount
sufficient to cover the cost to the Department of reestablishing
vegetation if completed by a third party.
PADEP also proposes to modify subsection (b)(3)(ii)(I) by deleting
the phrase ``from the date of the initial bond release under subsection
(a)'' and substituting the phrase ``prior to the date of application
for bond release and until the bond release is approved under
subsection (b)'' as it pertains to the 12 month period of ground water
monitoring that does not show degradation of baseline pollution load.
PADEP proposes to modify subsection (c)(4) pertaining to the
release of the remaining portion of the bond by deleting the phrase
``which shall be measured from the date of release of bond under
subsection (b).''
Chapter 89, Underground Mining of Coal and Coal Preparation Facilities
Section 89.38 Archaeological and Historical Resources and Public Parks
PADEP proposes to re-title this section as Archaeological and
historical resources, public parks and publicly owned parks.
PADEP proposes to modify subsection (b) by specifying that the
rules pertain to publicly owned parks or historic places that are
listed on the National Register of Historic Places.
Section 89.65 Protection of Fish, Wildlife and Related Environmental
Values
PADEP proposes to modify subsection (a) by adding the phrase ``to
the extent possible'' prior to the phrase ``using the best technology
currently available'' and by changing the word ``prevent'' to
``minimize'' prior to the word ``disturbances.''
PADEP also proposes to modify subsections (d)(1) and (d)(2) by
eliminating the word ``prevent'' and substituting the words ``avoid or
minimize'' and ``avoid'' respectively, as they pertain to disturbances.
Subsection (d)(2) is further modified by requiring an operator to avoid
disturbances to enhance or restore habitats of unusually high value for
fish and wildlife.
Section 89.67 Support Facilities
PADEP proposes to modify subsection (a) by eliminating criteria
from the opening paragraph and deleting subsections (1) and (2). The
criteria to locate, maintain and use buildings is now included in new
subsections (1), (2), (2)(i) and (2)(ii) as follows:
(1) Prevents or controls erosion and siltation, water pollution,
and damage to public or private property.
(2) To the extent possible using the best technology currently
available:
(i) Minimizes damage to fish, wildlife and related environmental
values.
(ii) Minimizes additional contributions of suspended solids to
streamflow or runoff outside the permit area. These contributions may
not be in excess of limitations of State or Federal law.
Section 89.82 Protection of Fish, Wildlife and Related Environmental
Values
PADEP proposes to modify subsections (a) and (c) by adding the
phrase ``to the extent possible'' prior to the phrase ``using the best
technology currently available'' and by deleting the phrase ``of the
reclamation activities'' in subsection (a).
PADEP also proposes to modify subsections (b) and (e) by changing
the name of the Fish Commission to the Fish and Boat Commission.
Section 89.87 Regrading or Stabilizing Rills and Gullies
PADEP proposes to eliminate the existing subsections and substitute
the following new subsections:
(a) Exposed surface areas shall be protected and stabilized to
effectively control erosion and air pollution attendant to erosion.
(b) Rills and gullies, which form in areas that have been regraded
and topsoiled and which do one of the following shall be filled,
regraded and otherwise stabilized:
(1) Disrupt the approved postmining land use or the reestablishment
of the vegetative cover.
(2) Cause or contribute to a violation of water quality standards
for receiving streams.
(c) For the areas listed in subsection (b), the topsoil shall be
replaced and the areas shall be reseeded or replanted.
Section 89.88 Postmining Land Use
PADEP proposes to modify subsection (b) by eliminating subsections
(2) and (3) pertaining to land that has received improper management or
was changed within 5 years of the beginning of mining.
PADEP also proposes to add new subsection (2) as follows: The
proposed postmining land use is reasonably likely to be achieved which
may be demonstrated by one or more of the following or other similar
criteria: Criteria currently identified in subsection (2) is now
included in subsection (i).
[[Page 70649]]
PADEP also proposes to eliminate subsection (3) pertaining to
certification of plans for postmining land use by a registered
professional engineer. Existing subsections (4), (5), (6) and (7) are
renumbered as (3), (4), (5) and (6), respectively.
Section 89.90 Restoration of Roads
PADEP proposes to modify subsection (a) by substituting the phrase
``as soon as practicable'' for the word ``immediately''.
PADEP also proposes to modify subsection (4) by eliminating the
requirement that roadbeds be plowed. The subsection now reads
``Roadbeds shall be ripped or scarified''.
Chapter 90, Coal Refuse Disposal
Section 90.1 Definitions
PADEP proposes to add subsection (x) ``unmanaged natural habitat'',
which is defined as idle land which does not require a specific
management plan after the reclamation and revegetation have been
accomplished.
Section 90.40 Protection of Public Parks and Historic Places
PADEP proposes to modify subsection (a) by specifying that the
rules pertain to publicly owned parks or historic places that are
listed on the National Register of Historic Places.
PADEP also proposes to modify subsections (a)(1) and (a)(2) by
deleting the word ``to'' before ``prevent'' and ``minimize''
respectively.
Section 90.93 Casing and Sealing of Drilled Holes and Underground
Workings
PADEP proposes to modify subsection (d) by deleting the reference
to the requirements of the Gas Operations, Well-Drilling, Petroleum and
Coal Mining Act (52 P.S. Sec. 2101-2602) and adding a reference to the
Oil and Gas Act (58 P.S. Secs. 601.101-601.605).
PADEP also proposes to add a metric measurement of 38.1 meters to
subsection (e) pertaining to the radius of the barrier of undisturbed
earth around all oil and gas wells.
PADEP further proposes to modify subsection (2)(iii) pertaining to
when the Department may approve lesser distances by deleting the
existing language and adding the following: ``The measures included in
the permit to minimize damage, destruction or disruption of services
pursuant to Sec. 90.147(b) are implemented.
Section 90.97 Topsoil: Removal
PADEP proposes to modify subsection (c) by including metric
measurements of 30.48 centimeters with the 12-inch measurement and to
modify subsection (f) by substituting the word ``topsoil'' for
``subsoil.''
Section 90.101 Hydrologic Balance: General Requirements
PADEP proposes to modify subsection (a) by substituting the words
``minimize disturbances'' for the phrase ``prevent to the maximum
extent possible, changes'' and by adding a requirement that surface
mining activities shall be planned and conducted to prevent material
damage to the hydrologic balance outside the permit area. PADEP further
proposes to add that the Department may require additional
preventative, remedial, or monitoring measures to assure that material
damage to the hydrologic balance outside the permit area is prevented.
Section 90.106 Hydrologic Balance: Erosion and Sedimentation Control
PADEP proposes to modify subsection (a)(l) pertaining to prevention
of contributions of sediment to streamflow or runoff by eliminating the
word ``maximum'' prior to the words ``extent possible''.
PADEP also proposes to modify subsection (a)(3) by changing the
requirement from ``Prevent erosion to the maximum extent possible'' to
``Minimize erosion to the extent possible.''
Section 90.134 Haul Roads and Access Roads: General
PADEP proposes to modify subsection (a) by eliminating the phrase
``minimize erosion and to prevent'', and substituting the words
``control or prevent:'' prior to ``contributions of sediment to streams
or runoff . . .''.
Section 90.140 Haul Roads and Access Roads: Restoration
PADEP proposes to modify this subsection by substituting the phrase
``as soon as practicable'' for the word ``immediately''.
PADEP also proposes to modify subsection (4) by eliminating the
requirement that roadbeds be plowed. The subsection now reads
``Roadbeds shall be ripped or scarificed''.
Section 90.147 Support Facilities and Utility Installations
PADEP proposes to modify subsection (a) by eliminating criteria
from the opening paragraph and deleting subsections (1) and (2). The
criteria to locate, maintain and use buildings is now included in new
subsections (1), (2), (2)(i) and (2)(ii) as follows:
(1) Prevents or controls erosion and siltation, water pollution,
and damage to public or private property.
(2) To the extent possible using the best technology currently
available:
(i) Minimizes damage to fish, wildlife and related environmental
values.
(ii) Minimizes additional contributions of suspended solids to
streamflow or runoff outside the permit area. These contributions may
not be in excess of limitations of State or Federal law.
Section 90.150 Protection of Fish, Wildlife and Related Environmental
Values
PADEP proposes to modify subsection (a) by adding the phrase ``to
the extent possible'' prior to the phrase ``using the best technology
currently available''.
PADEP also proposes to modify subsections (a)(1) through (a)(3) by
eliminating the word ``prevent'' at the beginning of each and
substituting the words ``minimize'', ``Locate and operate haul and
access roads to avoid or minimize'' and ``avoid'' respectively, as they
pertain to disturbances in each subsection. Subsection (a)(3) is
further modified by requiring an operator to avoid disturbances to
enhance or restore habitats of unusually high value for fish and
wildlife.
PADEP proposes to modify subsections (b) and (d) by changing the
name of the Fish Commission to the Fish and Boat Commission.
Section 90.166 Postdisposal Land Use
PADEP proposes to modify subsection (a) by changing the reference
from ``Subchapter E (relating to coal exploration)'' to ``Subchapter F
(relating to bonding and insurance requirements)''.
PADEP also proposes to modify subsection (b) by eliminating
subsections (3) and (4) pertaining to land that has received improper
management or was changed within 5 years of the beginning of mining.
PADEP also proposes to add new subsection (3) as follows: ``The
proposed postmining land use is reasonably likely to be achieved which
may be demonstrated by one or more of the following or other similar
criteria'': Criteria currently identified in subsections (3), (4) and
(5) are re-lettered as (i), (ii) and (iii) respectively under new
subsection (3).
PADEP also proposes to eliminate subsection (6) pertaining to
certification of plans for postdisposal land use by a registered
professional engineer. Existing subsections (7), (8), and (9) are re-
numbered as (4), (5) and (6), respectively.
[[Page 70650]]
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 January 3, 2000. 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
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.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-32740 Filed 12-16-99; 8:45 am]
BILLING CODE 4310-05-P