FEDERAL REGISTER: 45 FR 61259 (September 15, 1980) DEPARTMENT OF THE INTERIOR AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM) 30 CFR Part 716 Surface Coal Mining and Reclamation Operations Initial Regulatory Program: Anthracite Coal Mines ACTION: Final rules. SUMMARY: The Office of Surface Mining Reclamation and Enforcement has revised one portion of its interim regulations program. This revision clarifies the scope of exemption available for anthracite operations in the Commonwealth of Pennsylvania. EFFECTIVE DATE: October 15, 1980. FOR FURTHER INFORMATION CONTACT: (1) Lewis M. McNay, Chief, Branch of Applied Research, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue, NW., Washington, D.C. 20240. Phone: (202) 343-8032. (2) C.Y. Chen, Mining Engineer, Division of Technical Services, Office of Surface Mining Reclamation and Enforcement, South Building, 1951 Constitution Avenue, NW., Room 119, Washington, D.C. 20240. Phone: (202) 343-5244. SUPPLEMENTARY INFORMATION: On December 13, 1977, the Secretary promulgated initial program regulations as required by Section 501(a) of the Act, 30 U.S.C. 1251 (42 FR 62675 et seq. ) to be codified in Title 30, Code of Federal Regulations, Chapter VII. Section 716.5 of those regulations implemented the special provisions for anthracite coal mines authorized by Congress in Section 529(a) of the Act. That section of the Act provides that the permittee of anthracite coal mines in States which regulate such activities shall be subject to the State environmental protection standards in effect on the date of the Act (August 3, 1977) rather than Sections 515 and 516 of the Act. The latter section of the Act sets forth environmental performance standards applicable to the surface effects of underground coal mining operations. In promulgating 30 CFR 716.5 on December 13, 1977, the Secretary exempted anthracite mines in the States which regulate such activities from the general environmental performance standards in 30 CFR Part 715 but failed to exempt such mines from the underground mining general performance standards in 30 CFR Part 717. See 42 FR 62693. Upon initial reading of Section 529(a) of the Act, it would appear that Congress intended that the Secretary's anthracite regulations apply only to "anthracite coal surface mines" and not to underground anthracite mines. However, the reference to section 516 which appears in the second sentence of Section 529(a) of the Act indicates a contrary intent. The legislative history of the Act confirms that Congress intended that the Secretary adopt the State environmental protection provisions applicable to anthracite surface coal mines and the surface effects of anthracite underground mines. See H.R. Rep. No. 94-1445, 94th Cong., 2nd Sess. 125-126 (1976); H.R. Rept. No. 94-896, 94th Cong., 1st-Sess. 207 (1975). OSM proposed an amendment to 30 CFR 716.5 (a) and (b) to add a reference to 30 CFR Part 717 in order to make it clear that underground anthracite operations in the Commonwealth of Pennsylvania (the only State to which 30 CFR 716.5 now applies) must comply with the anthracite environmental protection provisions of the Pennsylvania regulations as they existed on August 3, 1977, and not the Federal regulations in 30 CFR Part 717. The Pennsylvania regulations currently apply to both underground and surface anthracite mines. OSM published proposed rules in the Federal Register Vol. 45, No. 92. May 9, 1980 (45 FR 30651), for a 30-day public comment period to amend 30 CFR 716.5 (a), (b) and (c) to change "anthracite coal surface mines" to "anthracite surface coal mining and reclamation operations" in order to clarify that the Secretary adopts Pennsylvania's provisions both as to surface mines and the surface effects of underground mines. The term "surface coal mining and reclamation operations" is defined in 30 CFR 700.5, 44 FR 15315, March 13, 1979. OSM has received no public comments on this proposed rule change and has determined a public hearing is not warranted. No additional material has been made available to modify the Statements of Significance and Environmental Impact. STATEMENTS OF SIGNIFICANCE AND ENVIRONMENTAL IMPACT The Department of the Interior has determined that this document is not a significant rule and does not require a regulatory analysis under Executive Order 12044 and 43 CFR Part 14. A copy of the Department's determination is available upon request to the Director of OSM. Section 501(a) of the Act exempts this action from the environmental impact statement requirement of the National Environmental Policy Act. Dated: September 3, 1980. Joan M. Davenport, Assistant Secretary, Energy and Minerals. Based on the above 30 CFR 716.5 is revised as follows: Part 716 -- Special Performance Standards Sec. 716.5 Anthracite coal mines. (a) Permittees of anthracite surface coal mining and reclamation operations in those States where the mines are regulated by State environmental protection standards shall be subject to the environmental protection standards of the State regulatory program in existence on August 3, 1977, instead of Part 715 and Part 717 of this chapter. (b) The environmental protection provisions of Title 25, Rules and Regulations, Part 1, Department of Environmental Resources, Commonwealth of Pennsylvania, shall apply to reclamation of anthracite surface coal mining and reclamation operations in the Commonwealth of Pennsylvania instead of Part 715 and Part 717 of this chapter. In addition, the regulations of the Commonwealth of Pennsylvania pertaining to standards for air and water quality shall apply instead of the regulations of Part 715 and Part 717 of this chapter. (c) If a State's regulatory program or regulations for anthracite surface coal mining and reclamation operations in force at the time of this Act are amended, the Secretary, upon receipt of a notice of amendment, shall issue additional regulations as necessary to meet the purposes of this Act. (Secs. 201, 501, 527, 529, Pub. L. 95-87 Stat. 445 (30 U.S.C. 1201)) [FR Doc. 80-28345 Filed 9-12-80; 8:45 am] BILLING CODE 4310-05-M