Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations 60169

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 938

[PA–113–FOR]

Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving, with

certain exceptions, a proposed

amendment to the Pennsylvania

regulatory program (hereinafter referred

to as the ‘‘Pennsylvania program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Pennsylvania proposed revisions and

additions to its rules pertain to: surface

and underground mining definitions,

incidental coal extraction, permit

approval, permit renewal, coal

exploration, bonding, permit

applications, operation and reclamation

plans, environmental protection

standards, anthracite bank removal and

reclamation standards, refuse removal

standards, coal preparation facilities,

underground mining erosion and

sedimentation control standards,

impoundments, subsidence control, and

coal refuse disposal permit applications

and performance standards. The

amendment is intended to revise the

Pennsylvania program to be consistent

with the corresponding Federal

regulations.

EFFECTIVE DATE: November 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert J. Biggi, Director, Harrisburg

Field Office, Harrisburg Transportation

Center, Third Floor, Suite 3C, 4th and

Market Streets, Harrisburg, PA 17101.

Telephone: (717) 782–4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Pennsylvania

Program

On July 31, 1982, the Secretary of the

Interior conditionally approved the

Pennsylvania program. Background

information on the Pennsylvania

program, including the Secretary’s

findings, and the disposition of

comments, and the conditions of

approval can be found in the July 31,

1982, Federal Register (47 FR 33050).

Subsequent actions concerning

conditions of approval and program

amendments can be found at 30 CFR

938.11, 938.12, 938,15, and 938.16.

II. Submission of the Proposed

Amendment

By letter dated January 23, 1996

(Administrative Record No. PA–838.00),

Pennsylvania submitted a proposed

amendment to its program pursuant to

SMCRA in response to the required

program amendments at 30 CFR 938.16

(g) through (ii), with the exception of

(h). Pennsylvania proposed to revise

sections 86–90 of its Coal Mining

Regulations (Regulatory Reform III).

OSM announced receipt of the

proposed amendment in the February

28, 1996 Federal Register (61 FR 7446),

and in the same document opened the

public comment period and provided an

opportunity for a public hearing on the

adequacy of the proposed amendment.

The public comment period closed on

March 29, 1996.

During its review of the amendment,

OSM identified concerns relating to the

following sections of Pennsylvania’s

regulations:

Section Topic

86.5(i)3 ...................... Administrative Review.

86.5(m) ...................... Notification.

No PA Counterpart .... Public Comment Period, Inspections,

Administrative Review.

86.55(j) ...................... Permit Renewal Applications.

87.108(c), 89.24(c),

90.108(c).

Siltation Structures.

88.105(b), 88.106(a),

88.201(b),

88.202(a),

88.305(b),

88.306(a).

Water Monitoring.

88.321, 90.133 .......... Noncoal Waste Disposal.

87.125(a) ................... Preblast Survey.

87.127(i) .................... Vibration Limit.

No PA Counterpart .... Blast Monitoring.

87.124(b) ................... Blasting Schedule.

No PA Counterpart .... Blast Design.

87.127(f) .................... Flyrock

87.129(4) ................... Blasting.

OSM notified Pennsylvania of these

concerns by letter dated February 21,

1997. By letter dated March 28, 1997,

Pennsylvania responded to OSM’s

concerns by submitting additional

explanatory information and by

proposing to make certain revisions to

its regulations during its submission of

Regulatory Reform IV. Because the

additional information was explanatory

in nature and did not constitute a major

revision of the original submission,

OSM did not reopen the comment

period.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the proposed

amendment. Revisions not specifically

discussed below concern

nonsubstantive wording changes, or

revised cross-references and paragraph

notations to reflect organizational

changes resulting from this amendment.

A. Revisions to Pennsylvania’s Regulations That Are Substantively Identical to the Corresponding Provisions of the

Federal Regulations

State regulation Subject Federal counterpart

86.1 ..................................... Definition—‘‘MSHA’’ ....................................................................................... 30 CFR 701.5.

86.1 ..................................... Definitions—‘‘Cumulative Measurement Period,’’ .........................................

‘‘Cumulative Production,’’ ‘‘Cumulative Revenue,’’ ‘‘Mining Area,’’ ’’Other

Minerals.’’.

30 CFR 702.5.

86.5(a)–(e) .......................... Extraction of Coal .......................................................................................... 30 CFR 702.11 (a), (b), (d).

86.5(f) .................................. Public Availability of Information ................................................................... 30 CFR 702.13.

86.5(g) ................................. Application Requirements .............................................................................. 30 CFR 702.12.

86.5(h) (excluding (h)(2)) .... Exemption Requirements .............................................................................. 30 CFR 702.11(c), 702.14.

86.5(i)(1), (2) ....................... Exemption Determination .............................................................................. 30 CFR 702.11(e)(1), (2).

86.5(j)(1)–(3) ....................... Conditions of Exemption ............................................................................... 30 CFR 702.15(a)–(c).

86.5(j)(4) .............................. Reports .......................................................................................................... 30 CFR 702.5(a)(2), 702.18.

86.5(k) ................................. Stockpiling ..................................................................................................... 30 CFR 702.16.
60170 Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations

State regulation Subject Federal counterpart

86.5(l) .................................. Compliance Review ....................................................................................... 30 CFR 702.17(a).

86.5(n) ................................. Revocation ..................................................................................................... 30 CFR 702.17(c)(3).

86.5(o) ................................. Enforcement .................................................................................................. 30 CFR 702.17(c)(2).

86.55(g)(6) .......................... Permit Renewal ............................................................................................. 30 CFR 774.15(c)(iv).

86.133(g) ............................. Coal Exploration ............................................................................................ 30 CFR 815.15(g).

86.156(b) ............................. Bonds ............................................................................................................. 30 CFR 800.16(e)(1).

86.175(b)(3) ........................ Bond Release ................................................................................................ 30 CFR 800.40(c)(2).

86.182(e) ............................. Bond Forfeiture .............................................................................................. 30 CFR 800.50(b)(2).

86.182(f)(1) ......................... Bond Forfeiture .............................................................................................. 30 CFR 800.50(d)(1).

87.46(b)(3)(i) ....................... Surface Mines—Surface Water ..................................................................... 30 CFR 780.21(b)(2).

87.69(b)(4) .......................... Hydrologic Balance ........................................................................................ 30 CFR 780.21(i), (j).

87.127(e)(2) ........................ Explosives—Surface Blasting ........................................................................ 30 CFR 816.67(b)(1).

87.127(j) .............................. Explosives—Surface Blasting ........................................................................ 30 CFR 816.67(d)(3).

87.127(n) ............................. Explosives—Surface Blasting ........................................................................ 30 CFR 816.67(d)(2)(i).

87.127(p) ............................. Explosives—Surface Blasting ........................................................................ 30 CFR 816.67(d)(4).

87.131(n) ............................. Disposal of Excess Spoil ............................................................................... 30 CFR 816.71(h)(2).

87.135(a) ............................. Protection of Underground Mining ................................................................ 30 CFR 816.79.

87.138(c) ............................. Protection of Fish, Wildlife and Related Environmental Values ................... 30 CFR 816.97(c).

88.24(b)(4)(i) ....................... Anthracite Coal Mining .................................................................................. 30 CFR 780.22(b)(2)(ii), (iii).

88.24(b)(4)(ii) ...................... Anthracite Coal Mining .................................................................................. 30 CFR 780.22(d).

88.26(b)(2)(i) ....................... Anthracite—Surface Water ............................................................................ 30 CFR 780.21(b)(2).

88.49(b)(2) .......................... Anthracite—Hydrologic Balance .................................................................... 30 CFR 780.21(i).

88.54 ................................... Anthracite-Protection of Underground Mining ............................................... 30 CFR 816.79.

88.61(b)(1) .......................... Anthracite-Prime Farmlands .......................................................................... 30 CFR 785.17(c)(1).

88.284 ................................. Anthracite-Sealing of Drilled Holes and Exploratory Openings .................... 30 CFR 816.14.

88.491(d)(2)(A) .................... Anthracite—Surface Water ............................................................................ 30 CFR 780.21(b)(2).

88.491(j) .............................. Anthracite—Permit Applications .................................................................... 30 CFR 780.15(c).

88.492(d)(2)(iii) .................... Anthracite-Ground and Surface Water Monitoring Plans .............................. 30 CFR 780.21(i)(1), (j)(2).

89.34(a)(1)(iii), (2)(i), (2)(ii) Hydrology-Underground Mining And Coal Preparation Facilities ................. 30 CFR 784.14(h), (b)(2), (i).

89.82(d) ............................... Performance Standards ................................................................................. 30 CFR 817.97(c).

89.172(b) ............................. Coal Preparation ............................................................................................ 30 CFR 785.21(c).

90.14(b)(3)(i) ....................... Coal Refuse—Surface Water ........................................................................ 30 CFR 780.21(b)(2).

90.35(b)(3) .......................... Ground and Surface Water Monitoring Plans ............................................... 30 CFR 780.21(i)(1), (j)(2).

90.150(c) ............................. Protection of Fish, Wildlife and Related Environmental Values ................... 30 CFR 816.97(c).

Because the above proposed revisions

re identical in meaning to the

corresponding Federal regulations, the

Director finds that Pennsylvania’s

proposed rules are no less effective than

the Federal rules.

B. Revisions to Pennsylvania’s

Regulations That Are Not Substantively

Identical to the Corresponding

Provisions of the Federal Regulations

1. 86.1/87.1—Definitions

Pennsylvania is proposing to amend

the definition of ‘‘surface mining

activities’’ to include the construction of

a road or similar disturbance for any

purpose related to a surface mining

activity, including that of a moving or

walking dragline or other equipment, or

for the assembly or disassembly or

staging of equipment. The Director finds

that definition proposed by

Pennsylvania is no less effective than

the Federal definition at 30 CFR 700.5.

The proposed revision also satisfies the

required amendment at 30 CFR

938.16(g) which required Pennsylvania

to amend its definition to make it clear

that the construction of any road, or

similar disturbance, shall be deemed a

surface mining activity and will be

regulated.

2. 86.5(h)(2)—Extraction of Coal

Pennsylvania is proposing to require

in this subsection that no request for an

exemption will be approved unless the

applicant can show that the coal to be

produced will be from the geological

stratum above the deepest stratum from

which other minerals are extracted for

purposes of bona fide sale or reasonable

commercial use. The corresponding

Federal regulation, at 30 CFR

702.14(a)(2), contains the same

requirement, except that it allows the

exemption to be approved if the coal to

be produced is in the geological stratum

lying above or below the deepest

stratum from which other minerals are

extracted. Because Pennsylvania limits

the exemption allowance to where the

coal is produced above the deepest

stratum from which other minerals are

extracted, it is more restrictive, and

therefore more stringent, than its

Federal counterpart. In accordance with

section 505(b) of SMCRA (30 U.S.C.

1255(b)) and 30 CFR 730.11(b),

therefore, subsection 86.5(h)(2) is not

inconsistent with SMCRA.

3. 86.5(I)(3)—Exemption Determinations

Pennsylvania is proposing to permit a

person who is adversely affected by the

determination of exemption to file an

appeal as provided by Chapter 21 of the

regulations. The proposed regulation is

substantively identical to the Federal

regulations at 30 CFR 702.11(f)(1).

However, the Federal regulations at 30

CFR 702.11(f)(2) specify that such

appeals shall not suspend the effect of

that determination. In its letter dated

March 28, 1997, Pennsylvania stated

that appeals to the Environmental

Hearing Board (EHB) under the

provisions of Chapter 21 do not stay the

effect of the Department of

Environmental Protection‘s

(Department) actions. If an appellant

wishes to stay the effect of such an

action, the appellant must petition the

EHB which, in turn, must issue a

supersedeas. The Director finds the

proposed Pennsylvania regulation no

less effective than the Federal

regulations, since Pennsylvania law

provides, generally, that an appeal does

not, by itself, suspend the effect of the

decision appealed from.

4. 86.5(m)—Notification

Pennsylvania is proposing to require

that if the Department believes that a

specific mining area was not exempt at

the end of the previous reporting period,

or is not exempt or cannot satisfy the

exemption criteria at the end of the
Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations 60171

current reporting period, it will notify

the operator that the exemption may be

revoked and explain the reasons. The

exemption will be revoked unless the

operator demonstrates within 30 days

that the area in question should

continue to be exempt. The operator and

interested parties will be notified

immediately of the revocation. The

Federal regulations at 30 CFR 702.17(b)

and (c)(1) have the same requirements.

However, the Federal regulations also

specify that if a decision is made not to

revoke an exemption, the regulatory

authority shall immediately notify the

operator and intervenors. The Director

finds that the proposed Pennsylvania

regulation is less effective than the

Federal regulations because it lacks this

notification requirement. He is,

therefore, requiring that Pennsylvania

amend its program to include the

notification requirement to operators

and intervenors of a Department’s

decision not to revoke an exemption.

5. 86.55(i),(j)—Permit Renewals

Pennsylvania is proposing at

subsection (i) to allow a permittee to

provide a written notice to the

Department in lieu of a complete

application if, after the permit

expiration date, the remaining surface

mining activities will consist solely of

reclamation. The Department may

renew the permit conditioned upon

only reclamation activities occurring. A

new permit is required if the permittee

resumes coal extraction, preparation, or

refuse disposal. At subsection (j),

Pennsylvania is proposing to require

that a permittee submit a renewal

application if he has provided written

notice in accordance with the terms of

subsection (i) and determines prior to

the permit expiration date that coal

extraction, preparation, or refuse

disposal will occur or treatment

facilities will be required after the

permit expiration date. The Federal

regulations at 30 CFR 773.11(a) allow a

permittee to forego permit renewal

where only reclamation activities

remain to be performed, but require that

permit obligations continue until

reclamation is complete. Subsection (i),

as proposed, contains a similar

provision, in that it provides that the

permit will be renewed even where only

reclamation obligations remain, but

requires only a notice of renewal in

such instances, rather than a complete

renewal application, with public notice.

Therefore, subsection (i) is no less

effective than 30 CFR 773.11(a).

However, the Federal regulations at 30

CFR 774.15(b)(1) require that an

application for permit renewal be

submitted at least 120 days before

expiration of the existing permit term.

Pennsylvania’s proposed revision at

subsection (j) does not contain this

provision. Therefore, the Director finds

that it is less effective than the Federal

regulations, and he is requiring that

Pennsylvania amend its regulation to

include the 120 day submittal

requirement.

6. 86.134(8)—Coal Exploration

Pennsylvania proposes to require that

each coal exploration hole, borehole,

well, or other underground opening

created or encountered by exploration

must meet the requirements of its

program relating to preventing

discharges from underground mines,

and closing of underground mine

openings. The Federal counterpart

regulation, at 30 CFR 815.15(g), contains

these same requirements, except that it

applies only to holes, etc., which are

created during coal exploration, and not

to holes encountered during coal

exploration. As such, Pennsylvania’s

proposal is more inclusive, and

therefore more stringent, than its

Federal counterpart. In accordance with

section 505(b) of SMCRA (30 U.S.C.

1255(b)) and 30 CFR 730.11(b),

therefore, subsection 86.134(8) is not

inconsistent with SMCRA.

7. 86.182(f)(2)—Bond Forfeiture

Pennsylvania is proposing to require

that if the bond amount forfeited by the

permittee is more than the amount

necessary to complete the reclamation,

the excess funds shall be used by the

Department for certain prescribed

purposes specified in subsection 18(a)

of the Pennsylvania Surface Mining Act.

The Federal regulations at 30 CFR

800.50(d)(2) require the regulatory

authority to return any unused funds to

the party from whom they were

collected. However, Pennsylvania

considers the excess funds to be a penal

bond and reserves the right to apply the

funds to approved purposes. The

Director finds that the proposed

Pennsylvania revision is, in effect, more

stringent than the Federal regulations.

Therefore, in accordance with section

505(b) of SMCRA (30 U.S.C. 1255(b))

and 30 CFR 730.11(b), subsection

86.182(f)(2) is not inconsistent with

SMCRA.

8. 86.193(h)—Civil Penalties

Pennsylvania is proposing to delete

the provision that the Department may,

when appropriate, assess a penalty

against corporate officers, directors, or

agents as an alternative to, or in

combination with, other penalty actions.

This provision currently appears in

Pennsylvania’s regulations at 86.195(a).

The Director finds that the proposed

deletion will not render the

Pennsylvania program less effective

than the Federal regulations at 30 CFR

846.12(a). However, the Director notes

that Pennsylvania must still amend

subsections 86.195(a) and (b), or

otherwise amend its program, as

directed at 30 CFR 938.16(eee).

9. 87.45(a)(4), 88.25(a)(4),

88.491(c)(1)(iv), 89.34(a)(1)(i),

90.131(1)—Surface Coal Mines,

Anthracite (General Provisions),

Anthracite (Coal Preparation Facilities),

Underground Coal Mines, Coal Refuse

Disposal: Groundwater

Pennsylvania is proposing to require

that a permit applicant supply certain

baseline information pertaining to

groundwater, including water quality

descriptions of total dissolved solids or

specific conductance corrected to 25

degrees centigrade, pH, total iron, total

manganese, alkalinity, acidity, and

sulfates. The counterpart Federal

regulations, at 30 CFR 780.21/

784.14(b)(1), also require water quality

descriptions, but do not specifically

require descriptions of alkalinity,

acidity or sulfates. As such, the

Pennsylvania proposals are more

stringent than their Federal

counterparts. Therefore, in accordance

with section 505(b) of SMCRA (30

U.S.C. 1255(b)) and 30 CFR 730.11(b),

these Pennsylvania proposed

amendments are not inconsistent with

SMCRA.

10. 87.46(b)(c)(ix)—Surface Water

Information: Surface Coal Mines/

88.26(b)(2)(ix)—Surface Water

Information: Anthracite Surface Mines/

88.491(d)(2)(ii)(I), (J)—Surface Water

Information: Anthracite Underground

Mines/90.14(b)(3)(ix)—Surface Water

Information—Coal Refuse Disposal

Pennsylvania is proposing to require

that a permit application include

surface water information that specifies

total aluminum in milligrams per liter.

The Federal regulations at 30 CFR

780.21/784.14(b)(2) do not include this

provision but rather require minimum

water quality descriptions which

Pennsylvania’s program already

requires. Also, Pennsylvania is requiring

other surface water information, as

appropriate. The Federal regulations at

30 CFR 780.21/784.14(b)(2) also do not

include this provision. As such, the

Pennsylvania proposals are more

stringent than their Federal

counterparts. Therefore, in accordance

with section 505(b) of SMCRA (30

U.S.C. 1255(b)) and 30 CFR 730.11(b),

these Pennsylvania proposed
60172 Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations

amendments are not inconsistent with

SMCRA.

11. 87.54(b)/87.65(b)—Maps, Cross

Sections and Related Information:

Surface Mines/88.31/88.44(b)—Maps

and Plans: Anthracite Surface Mines/

88.492(j)(3)—Maps and Plans:

Anthracite Underground Mines/

90.21(b), 90.46(3)—Maps and Plans:

Coal Refuse Disposal

Pennsylvania is proposing to require

that qualified professional geologists

also be registered in order to prepare

and certify maps, plans, and cross

sections. The corresponding Federal

regulations, at 30 CFR 779.25(b) (for

87.54(b) and 88.31(b)), 780.14(c) (for

87.65(b) and 88.44(b)), and 784.23(c)

(for 88.492(j)(3)), require only that the

geologist be a professional. However,

Pennsylvania may require, additionally,

that the geologist be a registered

professional. As such, the Pennsylvania

proposals are more stringent than their

Federal counterparts. Therefore, in

accordance with section 505(b) of

SMCRA (30 U.S.C. 1255(b)) and 30 CFR

730.11(b), these Pennsylvania proposed

amendments are not inconsistent with

SMCRA.

12. 87.69(b)(5)—Hydrologic Balance:

Surface Mines/88.49(b)(3)—Hydrologic

Balance: Anthracite Surface Mines/

88.492—Reclamation and Operation

Plan: Anthracite

Pennsylvania is proposing to require

that the determination of probable

hydrologic consequences (PHC) address

the parameters measured in accordance

with subsections 87.45, 87.46, 88.25,

88.26, and 88.491. The Federal

regulations at 30 CFR 780.21(f)(2)

require the PHC to be based upon

baseline hydrologic information

contained in the permit application.

This baseline information is collected

for the same ground and surface water

parameters which are required to be

measured pursuant to subsection 87.45,

87.46, 88.25 and 88.26. Therefore, the

Director finds that the proposed

Pennsylvania regulations are no less

effective than the Federal regulations at

30 CFR 780.21(f).

13. 87.73—Dams, Ponds, Embankments,

and Impoundments: Surface Mines/

90.111(7), 90.113(i), 90.120—

Impoundments: Coal Refuse Disposal

At subsection 87.73(c)(1),

Pennsylvania is proposing to revise its

requirements for detailed design plans

for dams, ponds, embankments and

impoundments. Engineers, when

necessary, will obtain assistance from

experts in related fields when preparing

design plans for impoundments meeting

or exceeding MSHA size classification

or other specified criteria. For those

impoundments not meeting the size

classification or other criteria, the plan

shall be prepared by a qualified

engineer or land surveyor. The Federal

regulations at 30 CFR 780.25(a) (2) and

(3) have the same requirements.

Therefore, the Director finds that the

proposed Pennsylvania regulation is no

less effective than the Federal

regulations. The proposed revision also

satisfies the required amendment at 30

CFR 938.16(s) which required

Pennsylvania to clarify that all

impoundments with a storage volume of

20 acre-feet or more must be designed

by or under the direction of, and

certified by, a qualified registered

professional engineer with assistance

from experts in related fields.

At subsections 87.73(c)(4), 90.111(7)

and 90.113(i), and at section 90.120,

Pennsylvania is proposing to prohibit

the permanent retention of an

impounding structure constructed of

coal refuse or used to impound coal

refuse unless it develops into a fill

meeting the coal refuse disposal

requirements of section 90.122. The

Federal regulations at 30 CFR

816.84(b)(1) also prohibit permanent

impoundments on coal refuse or coal

refuse impounding structures, but

contain no exceptions for the

development of a fill. However,

subsection 90.122(j) of Pennsylvania’s

regulations does prohibit the retention

of permanent impoundments on a

completed fill. By cross-referencing

subsection 90.122(j), these provisions

contain the necessary prohibition of

permanent impoundments. Therefore,

the Director finds that the proposed

Pennsylvania regulations are no less

effective than the Federal regulations at

30 CFR 816.84(b)(1).

14. 87.102(a)—Effluent Standards:

Surface Mines/88.92(a)—Effluent

Standards: Anthracite Surface Mines/

88.187(a)—Effluent Standards:

Anthracite Bank Removal/88.292(a)—

Effluent Standards: Anthracite Refuse

Disposal/89.52(c)—Effluent Standards:

Underground Mining and Coal

Preparation Facilities/90.102(a)—

Effluent Standards: Coal Refuse

Disposal

Pennsylvania is proposing to revise

the instantaneous maximum level for

manganese to 5.0 mg/l for its Group ‘‘B’’

effluent limitations, and to add

instantaneous maximum discharge

levels for manganese (5.0 mg/l) and

suspended solids (90 mg/l) to its Group

‘‘A’’ effluent limitations. (Group ‘‘A’’

effluent limitations apply to pit water

discharges in all types of weather, and

to all other discharges in dry weather or

during very low precipitation events.

Group ‘‘B’’ effluent limitations apply to

discharges, other than pit water, during

precipitation events of up to 10 years

and 24 hours.) The Director notes that

the Clean Water Act effluent limitations

applicable to coal mining operations, at

40 CFR Part 434, do not contain

instantaneous maximum limits for

manganese or suspended solids.

Therefore, Pennsylvania’s proposals are

in addition to the requirements of the

Clean Water ACt regulations. Also, the

Director notes that the Environmental

Protection Agency, in its letter of

concurrence with this program

amendment, stated that the addition of

these instantaneous maximum limits

will ‘‘provide inspectors an enforceable

compliance measure without the

necessity of obtaining time consuming

composite samples.’’ (Administrative

Record No. 838.08). There are no

Federal counterparts in SMCRA or the

Federal regulations promulgated

thereunder to these proposed revisions.

However, 30 CFR 816/817.42 require

that discharges of water from surface

mining operations be made in

compliance with, among other things,

the effluent limitations contained in 40

CFR Part 434. Because the

Environmental Protection Agency has

concurred in the approval of this

amendment, the Director finds that the

proposed Pennsylvania revisions are

consistent with the Federal regulations

at 30 CFR 816/817.42.

15. 87.108(c)—Sedimentation Ponds:

Surface Coal Mines/89.24(c)—

Sedimentation Ponds: Underground

Mines and Coal Preparation Facilities/

90.108(c)—Sedimentation Ponds: Coal

Refuse Disposal

Pennsylvania is proposing to require

that sedimentation ponds be maintained

until the disturbed area has been

stabilized and revegetated and removal

is approved by the Department. The

ponds may not be removed sooner than

2 years after the last augmented seeding,

unless the Department finds that the

disturbed area has been sufficiently

revegetated and stabilized. Pennsylvania

is also proposing to delete the references

to ‘‘other treatment facilities.’’ This

deletion is presumably proposed

because the Pennsylvania regulations, at

sections 87.108, 89.24 and 90.108,

require all drainage to be passed

through sedimentation ponds, rather

than through ‘‘other treatment

facilities.’’ Therefore, the deletion is

approved to the extent that ‘‘other

treatment facilities’’ are not permitted to

be used to treat surface drainage.

However, the Federal regulations at 30
Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations 60173

CFR 816/817.46(b)(5) prohibit the

removal of siltation structures sooner

than 2 years after the last augmented

seeding.

Because Pennsylvania’s proposal

includes an exception to this

requirement, the Director finds that the

proposed Pennsylvania revision is less

effective than the Federal regulations.

He is also requiring that Pennsylvania

amend its regulation to require, without

exception, that sedimentation ponds,

where used, and other treatment

facilities, if used, cannot be removed

sooner than 2 years after the last

augmented seeding.

16. 87.112—Hydrologic Balance:

Surface Mines/88.102—Hydrologic

Balance: Anthracite Surface Mines/

88.197—Hydrologic Balance: Anthracite

Bank Removal/88.302—Hydrologic

Balance: Anthracite Refuse Disposal/

89.101 and 112—Impoundments:

Underground Mines/90.112—

Hydrologic Balance: Coal Refuse

Disposal

At subsections 87.112(b), 88.102(b),

88.197(b), 88.302(b), 89.112, and

90.112(b), Pennsylvania is proposing to

require a minimum static safety factor of

1.3 for dams, ponds, embankments, and

impoundments. At subsections

87.112(b)(1) and 89.101(a),

Pennsylvania is proposing to require

that impoundments that meet or exceed

MSHA size classification of 30 CFR

77.216(a) be designed and certified by a

qualified registered professional

engineer with assistance, as necessary,

from experts in related fields.

Impoundments not meeting or

exceeding MSHA size classification are

to be designed and certified by a

qualified registered professional

engineer or land surveyor. Each

impoundment shall be certified that it

has been constructed and is being

maintained as designed in accordance

with the approved plan and

performance standards. At subsection

90.112(b)(1), Pennsylvania is proposing

to require that each impoundment be

certified that it has been constructed or

is being maintained as designed in

accordance with applicable performance

standards. The Federal regulations at 30

CFR 780.25/784.16(a)(2), and (3) specify

the design, certification, and stability

requirements for impoundments. The

Federal regulations at 816/

817.49(a)(4)(ii) contain the 1.3 static

safety factor requirement for

impoundments not meeting the size or

other criteria of 30 CFR 77.216(a). The

Director finds that the proposed

Pennsylvania revisions are substantively

identical to these requirements in the

Federal regulations. The proposed

revision also satisfies two required

amendments. At 30 CFR 938.16(t),

Pennsylvania was required to ensure

that all impoundments which meet or

exceed the MSHA size classification are

designed and certified by or under the

direction of a qualified registered

professional engineer. At 30 CFR

938.16(u), Pennsylvania was required to

ensure that all impoundments be

certified that they have been

constructed and are being maintained as

designed in accordance with the

approved plan and performance

standards.

At subsections 87.112(d) and

89.101(b), Pennsylvania is proposing to

require that impoundments that meet or

exceed the MSHA size classification or

other criteria of 30 CFR 77.216(a) be

inspected and certified by a qualified

registered professional engineer.

Impoundments not meeting or

exceeding the MSHA size classification

or criteria are to be inspected during

construction and certified after

construction and annually thereafter by

a qualified registered professional

engineer or land surveyor until removal

of the structure or release of the

performance bond. The engineer or

surveyor must be experienced in the

construction of impoundments. The

Federal regulations at 30 CFR 816/

817.49(a)(11) contain these same

inspection requirements for

impoundments. Therefore, the Director

finds that the proposed Pennsylvania

revisions are substantively identical to

these requirements in the Federal

regulations.

At subsections 87.112(f), 89.101(d),

and 90.112(f), Pennsylvania is

proposing to clarify that it will consider

MSHA’s review for impoundments. It

will, however, review impoundments as

required under subsection (a). The

Director finds that the proposed

Pennsylvania revision is substantively

identical to the Federal regulations at 30

CFR 780.25/784.16(c)(2), pertaining to

reclamation plans for impoundments.

The proposed revision also satisfies the

required amendment at 30 CFR

938.16(v) which allows Pennsylvania to

consider MSHA’s action on plans for

impoundments but requires it to make

its own findings with respect thereto.

17. 87.116—Hydrologic Balance:

Groundwater Monitoring—Surface

Mines/87.117—Hydrologic Balance:

Surface Water Monitoring—Surface

Mines/88.105—Hydrologic Balance:

Groundwater Monitoring—Anthracite

Mines/88.106—Hydrologic Balance:

Surface Water Monitoring—Anthracite

Surface Mines/88.201—Hydrologic

Balance: Groundwater Monitoring—

Anthracite Bank Removal/88.202—

Hydrologic Balance: Surface Water

Monitoring—Anthracite Bank Removal/

88.305—Hydrologic Balance:

Groundwater Monitoring—Anthracite

Refuse Disposal/88.306—Hydrologic

Balance: Surface Water Monitoring—

Anthracite Refuse Disposal/90.115—

Hydrologic Balance: Groundwater

Information—Coal Refuse Disposal

Performance Standards/90.116—

Hydrologic Balance: Surface Water

Monitoring—Coal Refuse Disposal

Performance Standards

At subsections 87.116(b), 88.105(b),

88.201(b), 88.305(b), 90.115(b),

87.117(a), 88.106(a), 88.202(a),

88.306(a), and 90.116(a), Pennsylvania

is proposing to identify the minimum

monitoring requirements for

groundwater and surface water. These

monitoring requirements include: total

dissolved solids or specific conductance

corrected to 25 degrees C, pH, acidity,

alkalinity, total iron, total manganese,

sulfates, and water levels. The

information is to be reported to the

Department every 3 months for each

location. At 87.116(d), 88.105(d),

88.201(d), 88.305(d), 90.115(d),

87.117(b), 88.106(b), 88.202(b),

88.306(b), and 90.116(b), the

Department is authorized to require

monitoring and reporting more

frequently than every 3 months and to

monitor additional parameters beyond

the minimum specified in this section.

The Director finds that Pennsylvania’s

revisions contain the same

requirements, and are therefore

substantively identical to, the Federal

regulations at 30 CFR 780.21 (i) and (j),

pertaining to ground and surface water

monitoring, except that the Federal

regulations do not require the

monitoring of acidity, alkalinity, or

sulfates. As such, the Pennsylvania

proposals are more stringent than their

Federal counterparts. Therefore, in

accordance with section 505(b) of

SMCRA (30 U.S.C. 1255(b)) and 30 CFR

730.11(b), these Pennsylvania proposed

amendments are not inconsistent with

SMCRA.

18. 87.127—Use of Explosives: Blasting

At subsection (h), Pennsylvania is

proposing to require that maximum
60174 Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations

peak particle velocity may not exceed

the values approved in the blast plan. It

also includes frequency of vibration as

a factor that the Department may

consider in reducing the maximum peak

particle velocity allowed. The Director

finds that the proposed revision is no

less effective than the Federal

regulations at 30 CFR 816.67(d)(1) and

(d)(5) pertaining to ground vibrations.

The proposed revision also satisfies the

required amendment at 30 CFR

938.16(y) which required Pennsylvania

to ensure that all structures in the

vicinity of the blasting area be protected

from damage by establishing maximum

allowable limits on the ground

vibration.

At subsection (i)(2), Pennsylvania is

proposing to exempt from maximum

peak particle velocity limitations those

structures located on the permit area

when the owner and lessee, if leased to

another party, of the structure have each

signed a waiver releasing the vibration

limit. The Federal regulations at 30 CFR

816.67(e)(1) and (2) exempt those

structures outside the permit area

owned by the permittee and not leased,

or owned and leased with a written

wavier by the leasee. The Federal peak

particle velocity limitations do not

apply, however, to structures inside the

permit area. In its letter dated March 28,

1997, Pennsylvania states that while

OSM’s general provisions pertaining to

the prevention of the adverse effects of

explosives apply only to damage outside

the permit area, Pennsylvania allows a

waiver of vibration limits inside the

permit area only, where the Federal

peak particle velocity limitations do not

apply anyway. Pennsylvania does not

permit waivers outside the permit area

and, as such, provides additional

protection against damage. Therefore,

the Director finds that the proposed

revision is not inconsistent with

SMCRA.

At subsection (k), Pennsylvania is

proposing to require that a seismograph

record become part of the blast record

within 30 days after it obtained. It shall

be analyzed by a qualified independent

party. The Director notes that the

proposed revisions adds requirements

not contained in the Federal regulations

at 30 CFR 816.67(d)(2) which require

seismograph records for each blast.

However, these additional provisions

are consistent with the Federal

requirement to keep a seismographic

record and, therefore, can be approved.

19. 87.129(4)—Use of Explosives:

Blasting Records

Pennsylvania is proposing to require

that the blast record include the

direction and distance, in feet, to the

nearest public building and other

structures. The Federal regulations at 30

CFR 816.68(d) require only that the blast

record include the direction and

distance, in feet, from the nearest

blasting hole to the nearest dwelling,

public building, school, church,

community or institutional building

outside the permit area. However, as

noted in Finding 18, above,

Pennsylvania applies its air blast and

ground vibration standards to buildings

within the permit area as well as outside

the permit area. As such, Pennsylvania’s

program is more stringent than the

Federal regulations. In order to be

consistent with its own requirements,

Pennsylvania has amended its blast

record provisions to include the

direction and distance to the nearest

building, regardless of whether the

building is located within or outside of

the permit area. In accordance with

section 505(b) of SMCRA (30 U.S.C.

1255(b)) and 30 CFR 730.11(b), this

proposed amendment is not

inconsistent with SMCRA.

20. 87.136—Disposal of Noncoal

Wastes: Surface Mines/88.321—

Disposal of Noncoal Wastes: Anthracite

Refuse Disposal/89.63—Disposal of

Noncoal Wastes: Underground Mining

and Coal Preparation Facilities/90.133—

Disposal of Noncoal Wastes: Coal Refuse

Disposal

Pennsylvania is proposing to require

that noncoal wastes be disposed of or

temporarily stored in accordance with

the Solid Waste Management Act and

related regulations. This requirement is

no less effective than the Federal

regulations at 30 CFR 816/817.89(b),

which provides for final disposal of

noncoal wastes in a State approved

solid waste disposal area. However,

sections 88.321 and 90.133 state that

waste materials with low ignition points

may not be deposited on or near a coal

refuse disposal pile. The Federal

regulation at 30 CFR 816.89(c) does not

permit any noncoal waste to be

deposited in a refuse pile or

impounding structure. Pennsylvania’s

prohibition applies only to its listed

materials and other waste materials with

low ignition points. Therefore, the

Director finds that the proposed

Pennsylvania revisions to sections

88.321 and 90.133 are less effective than

the Federal regulation. He is also

requiring that Pennsylvania amend its

program to prohibit any noncoal waste

from being deposited in a refuse pile or

impounding structure.

21. 88.105(c)—Groundwater Monitoring:

Anthracite Mines/88.201(c)—

Groundwater Monitoring: Anthracite

Bank Removal/88.305(c)—Groundwater

Monitoring: Anthracite Refuse Disposal

Pennsylvania is proposing to permit

the Department to require the operator

to conduct additional hydrologic tests to

demonstrate compliance with the

groundwater monitoring sections of the

regulations. The Federal regulations at

30 CFR 780.21(b)(3) require this

additional testing where the PHC

determination indicates that adverse

impacts may occur to the hydrologic

balance, or that acid-forming or toxicforming material is present that may

result in the contamination of surface or

ground water supplies. Therefore,

subsections 88.105(c), 88.201(c) and

88.305(c) are less effective in that they

merely allow, but do not require,

additional testing as appropriate, and

the Director is requiring Pennsylvania to

amend its program to require such

additional hydrologic testing whenever

the PHC determination indicates that

adverse impacts may occur to the

hydrologic balance, or that acid-forming

or toxic-forming material is present that

may result in the contamination of

surface or ground water supplies.

22. 88.381(c)(7)—Coal Preparation

Facilities

Pennsylvania is proposing to require

that an application include monitoring

plans and that surface and ground water

information, as well as monitoring

plans, be presented in accordance with

its regulations pertaining to ground and

surface water information. There is no

direct Federal counterpart to this

proposed amendment. However, the

Director finds that the proposed

Pennsylvania revision is consistent with

the Federal regulation at 30 CFR 785.21,

which requires that an operator obtain

a permit to operate a coal preparation

plant outside the permit area for a

specific mine, and that the permit

demonstrate that the applicant will

comply with the performance standards

at 30 CFR Part 827, which standards

include the requirement to comply with

the Federal regulations at 30 CFR

816.41, pertaining to protection of the

hydrologic balance.

23. 89.142(a)(6)(vii)—Maps:

Underground Mines and Coal

Preparation Facilities

Pennsylvania is proposing to require

that maps identify major electric

transmission lines by name or

numerical reference. While there is no

direct Federal counterpart to this

requirement, the Director finds that the
Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations 60175

proposed Pennsylvania revision is

consistent with the Federal regulations

at 30 CFR 783.24(e), pertaining to

permit application maps, which

requires that such maps show the

location of major electric transmission

lines and pipelines.

24. 89.143(b)(3)(i)(B)—Performance

Standards: Underground Mines and

Coal Preparation Facilities

Pennsylvania is proposing to require

that a pillar lying partially within the

support area be considered part of the

support area and be consistent with the

other support pillars in size and pattern.

While this provision has no direct

Federal counterpart, the Director finds

that it is consistent with the Federal

regulations at 30 CFR 784.20(b)(5),

pertaining to subsidence control plans,

which allows operators the option of

leaving pillars of coal in order to

prevent or minimize subsidence.

25. 90.39(e)—Impoundments: Coal

Refuse Disposal

Pennsylvania is proposing to require

that permit application plans provide

for the removal of impoundments

constructed of or used to impound coal

refuse as part of site reclamation. The

Director finds that the proposed

Pennsylvania revision is no less

effective than the Federal regulations at

30 CFR 816/817.84(b)(1) which prohibit

the permanent retention of such

structures.

26. 90.122—Coal Refuse Disposal

Pennsylvania is proposing, at

subsection (j), to delete all exceptions to

the prohibition against retaining

permanent impoundments or

depressions in a completed coal refuse

disposal fill. The Director finds that this

deletion renders subsection 90.122(j) no

less effective than the Federal

regulations at 30 CFR 816.84(b)(1),

which prohibits the retention of

permanent impounding structures

constructed of coal mine waste or

intended to impound coal mine waste.

27. 90.130—Coal Refuse Dams: Coal

Refuse Disposal

Pennsylvania is proposing to delete

the provision prohibiting the permanent

retention of coal refuse dams as part of

the approved postmining landuse.

However, because the structures must

comply with subsection 90.122(j),

which contains the prohibition, the

Director finds that the proposed

Pennsylvania revision is no less

effective than the Federal regulation at

30 CFR 816.84(b)(1).

C. Revisions to Pennsylvania’s

Regulations With No Corresponding

Federal Regulations

1. 77.3(b)—Relationship to Coal Mining

Pennsylvania is proposing to add the

provision that the incidental extraction

of coal under subsection (a) will

conform to section 86.5 pertaining to

extraction of coal incidental to noncoal

surface mining. There is no Federal

counterpart to this provision. However,

the Director finds that the proposed

regulation is not inconsistent with the

requirements of SMCRA and the Federal

regulations, which do contain

counterparts to the requirements of

section 86.5.

2. 86.37(b)—Permits

Pennsylvania is proposing to prohibit

an incremental phase approval of a

permit if the Department has already

issued an incremental phases approval

for the area to another permittee, except

for an area used for access or haul roads.

There is no Federal counterpart to this

provision. However, incremental phase

approvals of permits are already

included in Pennsylvania’s approved

program, in this same subsection.

Therefore, the Director finds that the

proposed revision does not render the

Pennsylvania program inconsistent with

the requirements of SMCRA or the

Federal regulations.

3. 86.55(c)—Permit Renewals

Pennsylvania is proposing to require

that if a permittee provides a written

notice under section (i) pertaining to

permits conditioned upon only

reclamation activity being performed,

the notice shall be filed with the

Department at least 180 days before the

expiration date of the permit. There is

no direct Federal counterpart to this

provision. However, the Director finds

that the proposed revision is consistent

with the Federal regulations at 30 CFR

773.11(a), which allows permittees to

forego obtaining permit renewals where

only reclamation activities remain to be

performed.

4. 87.92(g)—Signs and Markers: Surface

Mines/88.82(c)—Signs and Markers:

Anthracite Mines/88.182(b)—Signs and

Markers: Anthracite Bank Removal/

88.282(c)—Signs and Markers:

Anthracite Refuse Removal/89.51(h)—

Signs and Markers: Underground

Mining and Coal Preparation Plans/

90.92(g)—Signs and Markers: Coal

Refuse Disposal

Pennsylvania is proposing to require

that ground and surface water

monitoring locations and sampling

points used to obtain background

information be clearly marked and

identified. The requirement may be

waived if the monitoring locations or

sampling points are obvious or if

marking would be objectionable for

aesthetic reasons. The Federal

regulations at 30 CFR 816/817.11 do not

contain this requirement. However, the

Director finds that the proposed

revisions, which are in addition to the

requirements of the Federal regulations,

are not inconsistent with SMCRA, in

accordance with SMCRA section 505(b)

(30 U.S.C. 1255(b)), and 30 CFR

730.11(b).

5. 87.93(d)—Casing and Sealing of

Drilled Holes: Surface Mines/88.83(d)—

Sealing of Drilled Holes: Anthracite

Mines/88.283(d)—Sealing of Drilled

Holes—Anthracite Refuse Removal/

89.141(d)(4)(ii)—Subsidence Control:

Underground Mines

Pennsylvania is proposing to require

that gas and oil wells be sealed in

accordance with the Oil and Gas Act (58

P.S.sections 601.101–601.605). The

Federal regulations at 30 CFR 816/

817.13 do not contain this requirement.

However, the Director finds that the

proposed revisions are in addition to

those requirements, and are therefore

not inconsistent with SMCRA, in

accordance with SMCRA section 505(b)

(30 U.S.C. 1255(b)), and 30 CFR

730.11(b).

6. 89.144(a)—Public Notice:

Underground Mines and Coal

Preparation Facilities

Pennsylvania is proposing to require

that coal operators provide the

Department with a copy of the required

notice of intention to mine and return

receipt or, if applicable, evidence that

the notice was not accepted or

deliverable. The Federal regulations

contain no direct counterpart

requirement. However, the Director

finds that the proposed revision is

consistent with the Federal regulations

at 30 CFR 817.122, which requires

notification to all owners of surface

property overlying the proposed

underground mining operation of the

intent to mine.

IV. Summary and Disposition of

Comments

Public Comments

The Director solicited public

comments and provided an opportunity

for a public hearing on the proposed

amendment. No public comments were

received, and because no one requested

an opportunity to speak at a public

hearing, no hearing was held.
60176 Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

the Director solicited comments on the

proposed amendment from various

Federal agencies with an actual or

potential interest in the Pennsylvania

program. The U.S. Department of Labor,

Mine Safety and Health Administration

(District 1) and the U.S. Department of

the Interior, Fish and Wildlife Service

concurred without comment. The U.S.

Department of Labor, Mine Safety and

Health Administration (District 2)

commented that while Pennsylvania’s

proposed regulations do not permit

impounding structures constructed of

coal refuse or used to impound coal

refuse to be retained permanently, 30

CFR Parts 75 and 77 do not have the

same prohibition. The Director notes

that Pennsylvania’s revisions comply

with and are no less effective than the

Federal regulations at 30 CFR 816/

817.84(b)(1).

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

under the authority of the Clean Water

Act (33 U.S.C. 1251 et seq.) or the Clean

Air Act (42 U.S.C. 7401 et seq.).

On January 25, 1996, OSM solicited

EPA’s concurrence with the proposed

amendment. On March 14, 1996, EPA

gave its written concurrence

(Administrative Record No. PA–838.08).

State Historical Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM

solicited comments on the proposed

amendment from the SHPO and ACHP.

None were received.

V. Director’s Decision

Based on the above findings, the

Director approves with certain

exceptions and additional requirements,

the proposed amendment as submitted

by Pennsylvania on January 23, 1996.

He is also requiring that Pennsylvania

amend its program to make the

following changes. At 86.5(m),

Pennsylvania must provide for

notification of the operator and any

intervenors of a decision not to revoke

an exemption. At 86.55(j), Pennsylvania

must require that any applications for

permit renewal be submitted at least 120

days before the permit expiration date.

At 87.108(c), 89.24(c), and 90.108(c),

Pennsylvania must require, without

exception, that sedimentation ponds

cannot be removed sooner than two

years after the last augmented seeding.

If sedimentation ponds are not always

deemed to be the best technology

currently available, any ‘‘other

treatment facilities’’ used must also

remain in place for at least two years

after the last augmented seeding. At

88.105(c), 88.201(c), and 88.305(c),

Pennsylvania must require additional

hydrologic testing whenever the PHC

determination indicates that adverse

impacts may occur to the hydrologic

balance, or that acid-forming or toxicforming material is present that may

result in the contamination of surface or

ground water supplies. At 88.321 and

90.133, Pennsylvania must require that

no noncoal waste be deposited in a coal

refuse pile or impounding structure.

Pennsylvania must also provide

counterparts to the Federal regulations

at 30 CFR 702.15(d),(e),(f), and

702.17(c)(2), and (c)(3). The Federal

regulations require that authorized

representatives have the right to enter

operations conducting incidental coal

extraction and that administrative

reviews of the State’s determinations be

provided.

The Director is removing the

following required amendments at 30

CFR 938.16 because they have been

satisfied by revisions contained in this

submission.

Required Amendment Removed/State

Regulation That Satisfies Requirement

30 CFR 938.16(g) ...... 86/87.1.

30 CFR 938.16(l) ...... 86.156(b).

30 CFR 938.16(q) ...... 86.182(e).

30 CFR 938.16(s) ...... 87.73(c)(1).

30 CFR 938.16(t) ...... 87.112(b)(1),

89.101(a).

30 CFR 938.16(u) ..... 87.112(b)(1),

90.112(b)(1).

30 CFR 938.16(v) ...... 87.112(f), 89.101(d),

90.112(f).

30 CFR 938.16(x) ...... 87.127(e)(2).

30 CFR 938.16(y) ...... 87.127(h).

30 CFR 938.16(z) ...... 87.127(j).

30 CFR 938.16(aa) .... 87.127(n).

30 CFR 938.16(bb) .... 87.131(n).

30 CFR 938.16(cc) .... 87.135(a).

30 CFR 938.16(dd) ... 87.138(c), 89.82(d),

90.150(c).

30 CFR 938.16(ee) .... 88.24(b)(4)(i).

30 CFR 938.16(ff) ..... 88.61(b)(1).

30 CFR 938.16(gg) .... 88.491(j).

30 CFR 938.16(ii) ..... 89.34(a)(2)(ii).

30 CFR 938.16(jj) ...... 86.172(b).

30 CFR 938.16(ddd) 86.133(g).

In accordance with 30 CFR

732.17(f)(1), the Director is also taking

this opportunity to clarify in the

required amendment section at 30 CFR

938.16 that, within 60 days of the

publication of this final rule,

Pennsylvania must either submit a

proposed written amendment, or a

description of an amendment to be

proposed that meets the requirements of

SMCRA and 30 CFR Chapter VII and a

timetable for enactment that is

consistent with Pennsylvania’s

established administrative or legislative

procedures.

The Federal regulations at 30 CFR

Part 938, codifying decisions concerning

the Pennsylvania program, are being

amended to implement this decision.

This final rule is being made effective

immediately to expedite the State

program amendment process and to

encourage States to bring their programs

into conformity with the Federal

standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

Effect of Director’s Decisions

Section 503 of SMCRA provides that

a State may not exercise jurisdiction

under SMCRA unless the State program

is approved by the Secretary. Similarly,

30 CFR 732.17(a) requires that any

alteration of an approved State program

be submitted to OSM for review as a

program amendment. Thus, any changes

to the State program are not enforceable

until approved by OSM. The Federal

regulations at 30 CFR 732.17(g) prohibit

any unilateral changes to approved State

programs. In the oversight of the

Pennsylvania program, the Director will

recognize only the statutes, regulations

other materials approved by OSM,

together with any consistent

implementing policies, directives and

other materials, and will require the

enforcement by Pennsylvania of only

such provisions.

VI. Procedural Determinations

Executive Order 12866

This 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
Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations 60177

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 section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that 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 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.

Dated: October 15, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 938—PENNSYLVANIA

1. The authority citation for Part 938

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 938.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 938.15 Approval of Pennsylvania

regulatory program amendments.

* * * * *

Original

amendment

submission

date

Date of final

publication

Citation/description

* * * * *

January 23,

1995.

November 7,

1997.

Chapters 86

through 90.

3. Section 938.16 is amended by

removing and reserving paragraphs (g),

(l), (q), (s), (t), (u), (v), (x), (y), (z), (aa),

(bb), (cc), (dd), (ee), (ff), (gg), (ii), (jj),

and (ddd); and by adding paragraphs

(ppp) through (uuu) to read as follows:

§ 938.16 Required regulatory program

amendments.

* * * * *

(ppp) By January 6, 1998,

Pennsylvania shall submit a proposed

amendment to section 86.5(m), or

otherwise amend its program, to provide

for notification of the operator and any

intervenors of a decision not to revoke

an exemption.

(qqq) By January 6, 1998,

Pennsylvania shall submit a proposed

amendment to subsection 86.55(j), or

otherwise amend its program, to require

that any applications for permit renewal

be submitted at least 120 days before the

permit expiration date.

(rrr) By January 6, 1998, Pennsylvania

shall submit a proposed amendment to

subsections 87.108(c), 89.24(c), and

90.108(c), or otherwise amend its

program, to require, without exception,

that sedimentation ponds cannot be

removed sooner than two years after the

last augmented seeding.

(sss) By January 6, 1998, Pennsylvania

shall submit proposed amendments to

subsections 88.105(c), 88.201(c) and

88.305(c), or otherwise amend its

program, to require additional

hydrologic testing whenever the PHC

determination indicates that adverse

impacts may occur to the hydrologic

balance, or that acid-forming or toxicforming material is present that may

result in the contamination of surface or

ground water supplies.

(ttt) By January 6, 1998, Pennsylvania

shall submit a proposed amendment to

sections 88.321 and 90.133, or otherwise

amend its program, to require that no

noncoal waste be deposited in a coal

refuse pile or impounding structure.

(uuu) By January 6, 1998,

Pennsylvania shall submit a proposed

amendment to provide counterparts to

the Federal regulations at 30 CFR 702.15

(d), (e), (f) and 702.17 (c)(2) and (c)(3)

to require that authorized

representatives have the right to enter

operations conducting incidental coal

extraction and that administrative

reviews of the State’s determinations be

conducted.

[FR Doc. 97–29475 Filed 11–6–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–047]

RIN 2115–AE46

Special Local Regulations; City of

Augusta, GA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: Temporary special local

regulations are being adopted for the

Augusta Port Authority’s Head of the

South Rowing Regatta. The event will be

held from 7 a.m. to 6 p.m. Eastern

Standard Time (EST) on November 7

and 8, 1997, on the Savannah River at

Augusta, GA.

DATES: This rule becomes effective from

6:30 a.m. to 6:30 p.m. EST on November

7 and 8, 1997.

FOR FURTHER INFORMATION CONTACT:

LTJG M.J. DaPonte, Project Manager,

Coast Guard Group Charleston at (803)

724–7621.

SUPPLEMENTARY INFORMATION:

Regulatory History

On September 26, 1997, the Coast

Guard published a notice of proposed

rulemaking entitled Head of the South

Rowing Regatta, in the Federal Register

(62 FR 50544). The Coast Guard

received no comments during the notice

of proposed rulemaking. A public

hearing was not requested, and none

was held.

Background and Purpose

These regulations are needed to

provide for the safety of life during the

Head of the South Rowing Regatta. The

regulations are intended to promote safe

navigation on the Savannah River