[Federal Register: November 24, 2004 (Volume 69, Number 226)]
[Proposed Rules]
[Page 68285-68287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no04-23]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-124-FOR]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: We are reopening the public comment period on a proposed
amendment to the Pennsylvania regulatory program (the ``Pennsylvania
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Since the close of the comment period, Pennsylvania
has provided explanatory information in response to two letters, as
amended, we sent requesting clarification with regard to its proposed
amendment. Pennsylvania has also withdrawn portions of its original
amendment and has requested that we consider some existing statutes and
regulatory provisions as part of the amendment. Pennsylvania has also
indicated its intent to further revise portions of the amendment. We
are accepting comments on the specific changes noted below only.
DATES: We will accept written comments on this proposal until 4 p.m.,
(local time) December 9, 2004.
[[Page 68286]]
ADDRESSES: You may submit comments, identified by PA-124-FOR, by any of
the following methods:
E-mail: grieger@osmre.gov. Include PA-124-FOR in the
subject line of the message.
Mail/Hand Delivery: George Rieger, Director, Pittsburgh
Field Division, Office of Surface Mining Reclamation and Enforcement,
Harrisburg Transportation Center, Third Floor, Suite 3C, 4th and Market
Streets, Harrisburg, Pennsylvania 17101.
Federal eRulemaking Portal: http://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, and all written comments received
in response to this document at the address listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the amendment by contacting OSM's Pittsburgh
Field Division.
George Rieger, Director, Pittsburgh Field Division, Office of Surface
Mining Reclamation and Enforcement, Harrisburg Transportation Center,
Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, Pennsylvania
17101, E-mail: grieger@osmre.gov, Telephone: (717) 782-4036.
Joseph P. Pizarchik, Director, Bureau of Mining and Reclamation,
Pennsylvania Department of Environmental Protection, Rachel Carson
State Office Building, PO Box 8461, Harrisburg, Pennsylvania 17105-
8461, Telephone: (717) 787-5103.
FOR FURTHER INFORMATION CONTACT: George Rieger, Telephone: (717) 782-
4036, E-mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Proposed Action
III. Public Comment Procedures
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 program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance with the requirements of the Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of 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, 938.15 and
938.16.
II. Description of the Proposed Action
By letter dated December 18, 1998 (Administrative Record No. PA
853.01), the Pennsylvania Department of Environmental Protection
(PADEP) submitted a proposed amendment to its program pursuant to
various issues including bonding, remining and reclamation, postmining
discharges, and water supply protection/replacement. The proposal
included two documents: ``Provisions of Pennsylvania's Statute--Surface
Mining Conservation and Reclamation Act--Submitted for Program
Amendment'' and ``Provisions of Pennsylvania's Regulations--25 Pa. Code
Chapters 86-90--Submitted for Program Amendment.''
We announced receipt of the proposed amendment in the March 12,
1999, Federal Register (64 FR 12269), and in the same document invited
public comment and provided an opportunity for a public hearing on the
adequacy of the proposed amendment. The public comment period closed on
April 12, 1999. Please refer to the March 12, 1999, Federal Register
for additional background information. In the July 8, 1999, Federal
Register (64 FR 36828), we reopened the comment period in response to a
June 1, 1999, letter (Administrative Record No. PA 853.11) from PADEP
regarding deletion of the definition of the term ``best professional
judgment'' at 25 Pa. Code 87.202 and 25 Pa. Code 88.502, and the
deletion of subsections 25 Pa. Code 87.207(b) and 25 Pa. Code
88.507(b). The reopened comment period closed on July 23, 1999.
By letters dated September 22, 1999 (Administrative Record No. PA
853.14), and April 6, 2000 (Administrative Record No. PA 853.17), we
requested clarification from Pennsylvania on various aspects of its
amendment. In an October 3, 2002, letter to Pennsylvania
(Administrative Record No. PA 853.22), we indicated that some of the
issues in our September 22, 1999, and April 6, 2000, letters were no
longer valid and that we were withdrawing our request for clarification
of those issues. The conclusions in this letter were the result of our
internal deliberations; we did not remove our request for clarification
of these issues as the result of information from any other source.
Since the issuance of the October 3, 2002, letter, we have had numerous
meetings with Pennsylvania to discuss the items remaining from the
September 22, 1999, and the April 6, 2000, letters.
The meetings with Pennsylvania resulted in Pennsylvania providing
information to us to clarify the meaning of various parts of its
amendment. We prepared a document listing those clarifications and
placed it in the administrative record (Administrative Record No. PA
853.25). Copies of that document can be obtained from OSM's Harrisburg
Office at the address noted above. The parts of Pennsylvania Surface
Mining Conservation and Reclamation Act (PASMCRA) that we received
clarifications on include: Sections 4(d); 4(d)(2); 4(g)(1) and (3);
4.2(f)(2) and (3); 4.13; 18(a.1); and 18.9. We received clarifications
from Pennsylvania on the following regulations at 25 Pa. Code Chapter
86: Sections 86.151(c); 86.158(e) and (f); 86.168; 86.174(a); 86.252
(definition of ``remining area''); 86.253(b)(2)-(4); and 86.354.
Finally, we received clarifications from Pennsylvania on the following
portions of 25 Pa. Code Chapter 87: 87.119(d) and (e). We are seeking
comment on the clarifications PADEP provided to us of these sections.
Additionally, Pennsylvania submitted two letters to us modifying
the December 18, 1998, amendment. Those letters were dated December 23,
2003 (Administrative Record No. PA 853.23), and April 13, 2004
(Administrative Record No. PA 853.24).
In the December 23, 2003, letter, Pennsylvania noted that in the
1998 amendment submission it had proposed the removal of certain
language in 25 Pa. Code Chapters 87-90 including: Sections 87.102;
87.103; 87.207(b); 88.92; 88.93; 88.187; 88.188; 88.292; 88.293;
88.507(b); 89.52; 89.53; 90.102; and 90.103 which provide effluent
limits for discharges from areas disturbed by coal mining activities.
In the 1998 amendment, Pennsylvania also requested the definition of
the phrase, ``dry weather flow'' in 25 Pa. Code 87.1, 88.1, 89.5, and
90.1 and the definition of the phrase, ``best professional judgment''
in Sections 87.202 and
[[Page 68287]]
88.502 be removed from the approved program. In the December 23, 2003,
letter, Pennsylvania revised the 1998 amendment as submitted to retain,
as part of its approved program, the above referenced regulations which
provide effluent limits and the definitions of ``dry weather flow'' and
``best professional judgment.'' Therefore, we consider those portions
of the 1998 amendment submission as withdrawn and they will not be
considered further in this rulemaking. No comments will be accepted
with regard to these areas.
Also in the December 23, 2003, letter Pennsylvania indicated that
the 1998 program amendment had included Sections 4(g.1), 4(g.2), and
4(g.3) of PASMCRA relating to minimal impact postmining discharges and
the release of bonds on mine sites with discharges. Pennsylvania noted
in that letter that since the definition of minimal impact postmining
discharges and the regulations for postmining discharges were not
included in the program amendment, it was requesting that these
sections of PASMCRA be removed from the proposed amendment.
Pennsylvania noted in the letter that it was intending to submit these
sections along with the associated regulations as a separate program
amendment. Therefore, these sections are also withdrawn and will not be
considered further in this rulemaking. No comments will be accepted
with regard to these areas.
In the April 13, 2004, letter, Pennsylvania notified us that it
wished to withdraw Section 18(a.4) of PASMCRA from consideration under
the 1998 program amendment because the areas suitable for reclamation
by remining program has not yet been developed. Therefore, this section
will not be considered further in this rulemaking. No comments will be
accepted with regard to these areas.
Also in its April 13, 2004, letter Pennsylvania requested that we
consider for approval Sections 4.10 and 4.11 of PASMCRA and the
corresponding regulations at 25 Pa. Code Sections 86.251 through
86.270. These sections of the statute and regulations provide for
Pennsylvania's Remining Operators Assistance Program. This program
provides incentives to operators to undertake reclamation and remining
of abandoned mine lands and bond forfeiture sites. These provisions are
now included in this rulemaking action and we are seeking comment with
regard to these sections of PASMCRA and 25 Pa. Code Chapter 86.
In the April 13, 2004, letter, and its attachment, Pennsylvania
also notified us that it intends to address outstanding issues in this
amendment relating to: De minimis cost increases for a replacement
water supply; temporary replacement of water supply; waivers for water
supply replacement; adequate versus equivalent water supply; operation
and maintenance costs for replaced water supplies; financial guarantees
to operators to reclaim abandoned mine lands through remining; and,
operator cost recovery, through additional regulation changes. While
Pennsylvania has indicated that it intends to further revise those
portions of the pending package, it has not withdrawn those portions
and has asked that we proceed with a decision. Since we received no
changes or clarifications from the original amendment with regard to
these areas, we are not reopening the comment period for them.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the information described above satisfies the
applicable program approval criteria of 30 CFR 732.15. If we approve
the amendment, it will become part of the State program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not necessarily consider or
respond to your comments when developing the final rule if they are
received after the close of the comment period (see DATES). We will
make every attempt to log all comments into the administrative record,
but comments delivered to an address other than the Harrisburg Office
may not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: SATS No. PA-124-FOR'' and your name and return address
in your Internet message. If you do not receive a confirmation that we
have received your Internet message, contact the Harrisburg Office at
(717) 782-4036.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their 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 review in their entirety.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 9, 2004.
Brent Wahlquist,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 04-25971 Filed 11-23-04; 8:45 am]
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