[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Proposed Rules]
[Pages 58975-58977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23521]



Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-161-FOR; Docket ID: OSM-2012-0009]

Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 

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ACTION: Proposed rule; extension of comment period and notice of public 


SUMMARY: We are reopening and extending the public comment period and 
will be holding two public hearings on the proposed amendment to the 
Commonwealth of Pennsylvania's approved regulatory program (the 
``Pennsylvania program'') published on July 11, 2012. The comment 
period is being reopened and extended in order to afford the public 
more time to comment and to allow ample time to conduct two public 
hearings. This extension was requested by the Citizens Coal Council and 
the Environmental Integrity Project. We are also notifying the public 
of the date, time, and locations for the public hearing. Pennsylvania 
is introducing beneficial use of coal ash into the Pennsylvania 
statutory scheme via Pennsylvania's Solid Waste Management Act 
(``SWMA''), the Clean Streams Law (``CSL''), the Surface Mining 
Conservation and Reclamation Act, and the Administrative Code. 
Pennsylvania intends to revise its approved program pursuant to the 
additional flexibility afforded by the revised Federal regulations and 
SMCRA, as amended, to ensure Pennsylvania's proposed provision is 
consistent with and in accordance with SMCRA and the corresponding 

DATES: We will accept written comments until 4 p.m., eastern standard 
time (``EST'') on October 19, 2012. Two public hearings will be held on 
Wednesday, October 17, 2012, at 6 p.m. EST.

ADDRESSES: You may submit comments, identified by ``PA-161-FOR; Docket 
ID: OSM-2012-0009'' by either of the following two methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
The proposed rule has been assigned Docket ID: OSM-2012-0009. If you 
would like to submit comments through the Federal eRulemaking Portal, 
go to http://www.regulations.gov and follow the instructions.
     Mail/Hand Delivery/Courier: Mr. Ben Owens, Chief, 
Pittsburgh Field Division, Office of Surface Mining Reclamation and 
Enforcement, Three Parkway Center, Suite 300, Pittsburgh, PA 15220.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see ``III. Public 
Comment Procedures'' in the SUPPLEMENTARY INFORMATION section of the 
proposed rule published on July 11, 2012.
    Public Hearing: One public hearing will be held in Pittsburgh, 
Pennsylvania at the DoubleTree by Hilton Pittsburgh Green Tree, 101 
Doubletree Drive, Pittsburgh, Pennsylvania, 15205; phone number: 412-
922-8400, on Wednesday, October 17, 2012, at 6:00 p.m. EST. 
Simultaneously, a public hearing will be held in Pottsville, 
Pennsylvania at the Ramada Pottsville, at 101 South Progress Avenue, 
Pottsville, Pennsylvania, 17901; phone number 570-622-4600, on 
Wednesday, October 17, 2012, at 6:00 p.m. EST time.
    Docket: For access to the docket to review copies of the 
Pennsylvania regulations, the relevant amendment, a listing of any 
scheduled public hearings, 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 amendments by contacting 
OSM's Pittsburgh Field Division Office; or you can view the full text 
of the program amendment available for you to read at 
    In addition, you may review a copy of the amendment during regular 
business hours at one of the following locations:
    Ben Owens, Chief Pittsburgh Field Division, Office of Surface 
Mining Reclamation and Enforcement, Appalachian Regional Coordinating 
Center, 3 Parkway Center, 3rd Floor, Pittsburgh, Pennsylvania 15220, 
Telephone: (412) 937- 2827, Email: bowens@osmre.gov.
    Thomas Callaghan, P.G., Director, Bureau of Mining and Reclamation, 
Pennsylvania Department of Environmental Protection, Rachel Carson 
State Office Building, P.O. Box 8461, Harrisburg, Pennsylvania 17105-
8461, Telephone: (717) 787-5015, Email: tcallaghan@state.pa.us.

FOR FURTHER INFORMATION CONTACT: Ben Owens, Chief, Pittsburgh Field 
Division, Telephone: (412) 937-2827. Email: bowens@osmre.gov.

SUPPLEMENTARY INFORMATION: On July 11, 2012, (77 FR 40836) we published 
a proposed rule that would revise the Pennsylvania program. The 
revisions would add regulations to the Pennsylvania program to regulate 
coal ash. The key provisions of the rule address the operating 
requirements for beneficial use of coal ash upon active and abandoned 
mine land sites. The proposed amendment addition has the following 
     Chemical and physical certification standards for coal ash 
to ensure compliance with beneficial use requirements;
     Coal ash monitoring to ensure coal ash meets qualification 
     Water quality monitoring to create a robust dataset to 
facilitate the evaluation and documentation of water quality at sites 
where coal ash is beneficially used;
     A minimum number of monitoring points to characterize the 
     Recording of the landowner consent for placement of coal 
ash for beneficial use;
     Reporting of volumes and locations where coal ash is 
beneficially used;
     Operational and monitoring standards for all types of 
beneficial use;
     A centralized process to qualify coal ash for beneficial 
use at mine sites;
     An annual fee payable to the Department to offset some of 
its costs for coal ash and water quality sampling and testing at mine 
sites where coal ash is beneficially used; and
     Abatement plan requirements in the event that site 
assessments indicate groundwater or surface water degradation.
    On July 19, 2012, (Administrative Record Number, PA 894.06) we 
received a request from the Citizens Coal Council to hold a public 
hearing on the amendment and to extend the public comment period. On 
July 25, 2012, (Administrative Record Number, PA 894.08), we received a 
request from the Center for Coalfield Justice to hold a public hearing 
on the amendment. We are granting the request to extend the public 
comment period to afford the public more time to comment on the 
amendment and to allow enough time to schedule and hold the hearings, 
as requested. The date, time and location for the public hearings may 
be found under DATES and ADDRESSES above.
    The hearings will be open to anyone who would like to attend and/or 
testify. The primary purpose of the public hearing is to obtain your 
comments on the proposed rule so that we can prepare a complete and 
objective analysis of the proposal. The hearing officer will conduct 
the hearing and receive the comments submitted. Comments submitted 
during the hearing will be responded to in the preamble to the final 
rule, not at the hearing. We appreciate all comments, but those most 
useful and likely to influence decisions on the final rule will be 
those that either involve personal experience or include citations to, 
and analyses of, the Surface Mining Control and Reclamation Act of 
1977, its legislative history, its implementing regulations, case law, 
other State or Federal laws and regulations, data, technical 
literature, or relevant publications.
    At the hearing, a court reporter will record and make a written 
record of the statements presented. This written record will be made 
part of the

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administrative record for the rule. If you have a written copy of your 
testimony, we encourage you to give us a copy. It will assist the court 
reporter in preparing the written record. Any disabled individual who 
needs reasonable accommodation to attend the public hearing is 
encouraged to contact the person listed under FOR FURTHER INFORMATION 

    Dated: August 13, 2012.
Michael K. Robinson,
Acting Regional Director, Appalachian Region.
[FR Doc. 2012-23521 Filed 9-24-12; 8:45 am]