67590 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules

[The text of this proposed paragraph

is the same as the text of § 40.6302(c)–

1T(c)(2)(iv) published elsewhere in this

issue of the Federal Register].

* * * * *

(f) * * * (1) * * * Also, no deposit

is required in the case of any floor

stocks tax described in § 40.0–1(a).

* * * * *

Par. 5. In § 40.6302(c)–2, add

paragraph (b)(2)(iii) to read as follows:

§ 40.6302(c)–2 Special rules for use of

Government depositaries under section

4681.

* * * * *

(b) * * *

(2) * * *

(iii) Modification for new chemicals.

[The text of this proposed paragraph

is the same as the text of § 40.6302(c)–

2T(b)(2)(iii) published elsewhere in this

issue of the Federal Register].

* * * * *

Michael P. Dolan,

Acting Commissioner of Internal Revenue.

[FR Doc. 97–33249 Filed 12–24–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 938

[PA–121–FOR]

Pennsylvania Abandoned Mine Land

Reclamation Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing the

receipt of a proposed amendment to the

Pennsylvania Abandoned Mine Land

Reclamation (AMLR) Plan (hereinafter

referred to as the Pennsylvania Program)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA), 30

U.S.C. 1201 et seq., as amended. The

proposed amendment adds a new

section ‘‘F’’ entitled Government

Financed Construction Contracts

(GFCC) to authorize the incidental

removal of coal at AML sites that would

not otherwise be mined and reclaimed

under the Title V program. The

proposed amendment also includes the

Program Requirements and Monitoring

Requirements related to the use of GFCC

for that purpose. The proposed

amendment is intended to improve the

efficiency of the Pennsylvania program

by allowing the Government-financed

construction exemption in Section 528

of SMCRA to be applied in cases

involving less than 50% financing only

in the limited situation where the

construction constitutes a government

approved and administered abandoned

mine land reclamation project under

Title IV of SMCRA.

DATES: Written comments must be

received on or before 4:00 p.m. on

January 28, 1998. If requested, a public

hearing on the proposed amendments

will be held at 1:00 p.m. on January 23,

1998. Requests to present oral testimony

at the hearing must be received on or

before 4:00 p.m. on January 13, 1998.

ADDRESSES: Written comments and

requests to testify at the hearing should

be mailed or hand-delivered to Mr.

Robert J. Biggi, Director, Harrisburg

Field Office at the first address listed

below.

Copies of the Pennsylvania program,

the proposed amendment, a listing of

any scheduled public meetings or

hearing, and all written comments

received in response to this notice will

be available for public review at the

addresses listed below during normal

business hours, Monday through Friday,

excluding holidays:

Office of Surface Mining Reclamation

and Enforcement, Harrisburg Field

Office, Third Floor, Suite 3C,

Harrisburg Transportation Center

(Amtrack), 415 Market Street,

Harrisburg, Pennsylvania 17101,

Telephone: (717) 782–4036.

Pennsylvania Department of

Environmental Protection, Bureau of

Abandoned Mine Reclamation, 400

Market Street, P.O. Box 8476,

Harrisburg, Pennsylvania 17101,

Telephone: (717) 783–2267.

Each requester may receive, free of

charge, one copy of the proposed

amendment by contacting the OSM

Harrisburg Field Office.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert J. Biggi, Director Harrisburg Field

Office, Telephone: (717) 782–4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania

Program

On July 30, 1982, the Secretary of the

Interior conditionally approved the

Pennsylvania program. Background on

the Pennsylvania program, including

the Secretary’s findings and the

disposition of comments can be found

in the July 30, 1982 Federal Register (47

FR 33079). Subsequent actions

concerning the AMLR program

amendments are identified at 30 CFR

938.20 and 938.25.

II. Discussion of the Proposed

Amendment

By letter dated November 21, 1997

(Administrative Record No. PA–855.00),

the Pennsylvania Department of

Environmental Protection (PADEP)

submitted proposed Program

Amendment No. 2 to the Pennsylvania

Abandoned Mine Reclamation Plan. In

addition, PADEP also submitted the

following documents: Introduction;

Basis of Authority for the Proposed

Amendment; AML Amendment

Conformance with 30 CFR Section

884.13; Assistant Counsel’s Opinion of

Authority for GFCC; PADEP

Organization Chart and the Office of

Mineral Resources Management

Organization Chart. The proposed

amendment in intended to improve the

efficiency of the Pennsylvania program

by allowing the Government-financed

construction exemption in Section 528

of SMCRA to be applied to certain cases

involving less than 50% financing.

The proposed amendment consists of

new Part F, Program Requirements and

Monitoring Program for GFCC’s to be

added as follows:

Part F: Government Financed

Construction Contracts

(1) Incidental Coal Removal—PADEP

proposes to authorize the incidental

removal of coal at AML sites that would

not otherwise be mined and reclaimed

under the Title V program. Through its

management of the permitting process

and knowledge of the status of the AML

lands in Pennsylvania, PADEP plans to

enter into agreements with mining

companies and adjacent permit holders

to direct the reclamation of AML lands

which involve some incidental removal

of coal. Following are (3) examples of

situations where PADEP proposes to

utilize the GFCC to address AML

liabilities.

(a) Refuse Pile Reclamation—As a

result of an extensive history of mining

in Pennsylvania, thousands of coal

refuse piles are scattered throughout the

state in both the bituminous and

anthracite fields. In many cases these

piles are unsightly, unsafe and are

adding to the sedimentation and mine

drainage pollution of Pennsylvania

streams in areas that are economically

deprived because of poor water quality

and general aesthetics.

Dependng on the method used to

clean the coal and the volume of

material available, these piles have

varying degrees of value. Those piles

that are larger in volume and higher in

quality have traditionally been

permitted under the Title V program

while the smaller, poorer quality have
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules 67591

remained virtually untouched and are

not and will not be likely candidates for

permitting. These are the types of piles

that are generally suitable for use in

fluidized-bed combustion processes

employed at cogeneration plants and the

types of piles that will be reclaimed

under the proposed program.

(b) Reclamation of Abandoned Deep

Mines—An example specific to this

initiative would be represented by an

abandoned deep mine that includes

subsidence problems and acid mine

drainage discharges. The reclamation of

this type of site would involve the

daylighting of the deep mined area, the

incidental and necessary removal of any

coal encountered, the placement of

alkaline material over the area of deep

mine affected, and the construction of

some type of passive treatment system

to insure the reduction of pollutional

loading from the discharges. Because of

the limited amount of coal available,

and the potential water quality liability

for the discharges, this sample site

would not be a candidate for a surface

mine permit under the Title V program.

This type of site would particularly

appeal to the watershed organizations

that have been formed to deal with

exactly these reclamation opportunities

with the potential to significantly

increase water quality in a given

watershed.

(c) Unreclaimed High Walls Adjacent

to Active Mine Sites—Nearly all permits

issued under the Title V program

include varying levels of remining or are

located within close proximity to

previously affected areas located outside

of permit boundaries. In some cases coal

along the crop barrier may have gone

unmined because of poor quality or high

moisture content. In other cases an

additional cut taken off the highwall

may facilitate a reclamation plan that

results in a more suitable post-mining

land use or may facilitate an abatement

project (alkaline addition—highwall

drains, etc.) that will result in improved

water quality. In those situations where

a Title V permit is impractical due to

limited coal recovery or poor coal

quality, PADEP proposes to direct

reclamation of these sites through a

GFCC which allows for the incidental

removal of coal to complete reclamation

of the AML lands.

(2) Placement of Excess Spoil on

Adjacent AML Lands—PADEP proposes

to authorize the placement of excess

spoil from active mining operations on

AML sites that would not otherwise be

mined and reclaimed under the Title V

program. Through its management of

the permitting process and the

knowledge of the status of AML lands

in Pennsylvania, PADEP plans to enter

into agreements with mining companies

and adjacent permit holders to direct

the reclamation of AML lands adjacent

to permitted operations. THe institution

of this program will allow PADEP to

maximize its reclamation efforts on

AML lands at no expense to the funding

sources for PADEP’s AML program.

Savings to the AML program would be

used for reclamation at other sites

throughout the Commonwealth.

The proposed program amendment

would offer solutions to the following

problems that exist throughout

Pennsylvania’s coal field:

(1) Conditions which create a risk of

fire, landslide, subsidence, cave-in or

other unsafe, dangerous or hazardous

conditions, including but not limited to

any unguarded or unfenced open pit

area, highwall, water pool, spoil bank

and culm bank, abandoned structure,

equipment, machinery, tools, or other

property used in or resulting from

surface mining operations, or other

serious hazards to public health or

safety.

(2) AMD pollution and sedimentation

into Pennsylvania’s streams.

(3) Unsightly, and unproductive

property that has been largely

unreclaimed through either the AML or

active mining programs.

(4) Inadequate funding to address the

above three Pennsylvania reclamation

liabilities.

Generally speaking, the above

conditions exist in areas that are

economically depressed and

environmentally damaged. The

necessary reclamation represents an

AML liability well in excess of

hundreds of millions of dollars. The

proposed program offers an additional

solution to Pennsylvania’s obligation to

provide clean water and a safe and

health environment to its citizens.

Program Requirements

A. The Department will solicit and

accept proposals to enter into a GFCC

for the purpose of reclamation of

abandoned mine lands some of which

may involve the incidental and

necessary removal of coal.

To be an ‘‘eligible person’’ the person

must clear the Department’s standard

compliance with the Applicant Violator

System (AVS) checks. In addition, the

person must clear a check through the

Commonwealth’s contractor

responsibility program.

A GFCC under the terms of this

amendment, is limited to those

situations where a contractor proposes

to enter into an agreement to perform

reclamation on abandoned mine lands

with the incidental and necessary

removal of coal or to use excess spoil

from a permitted site to reclaim an

abandoned mine land. Reclamation

should also include, where feasible, the

installation of passive treatment systems

and/or other measures to mitigate preexiting discharges. No processing of coal

will be conducted on-site.

Coal refuse ash may be returned to the

site consistent with a general permit

issued by the Department.

Sewage sludge may be utilized for site

reclamation consistent with a beneficial

use order or land reclamation permit.

PADEP will conduct an expeditious

review of the proposal for adequacy of

the monitoring plan, erosion and

sedimentation control plan, operation

plan, and reclamation plan. Particular

attention will be given to the feasibility

of installing passive treatment systems

and/or other measures to mitigate preexisting discharges. Any deficiencies are

to be communicated to the contractor in

writing.

Even though reclamation activities

under a GFCC are not subject to the

barrier prohibitions of 86.102,

precautions will be designed in the

operation and reclamation plans to

minimize any potential adverse impacts

on areas that would be considered

prohibited areas under a coal mining

permit.

A performance bond in an amount

determined by the PADEP shall be

submitted on forms provided by the

PADEP for all GFCC sites where bond is

required.

B. A proposal for a GFCC will consist

of a face sheet and the following

modules as applicable:

Module #1—Ownership and Right of

Entry

Module #2—Ownership and Right of

Entry

Module #3—Hydrology

Module #4—Operational Information

Module #5—Streams

Module #25—Flyash

Module #27—Sewage Sludge

(a) The ownership and control

information is to be entered into LUMIS

and a compliance check/AVS check run.

If a ‘‘bar’’ is found, the proposal is to be

returned. If ‘‘no bar’’ is found, the

proposal will be accepted and given on

ID number.

(b) All proposals will be subject to the

consultation requirements with other

state agencies as prescribed by PA’s

approved AML plan.

(c) The PADEP will advertise receipt

of the proposal (see draft notice). This

notice shall be run once a week for two

weeks in a newspaper local to the

project area.

(d) The municipality and the county

in which the site is located will be
67592 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules

noticed, by certified letter, that the

PADEP received a proposal for a GFCC

to perform reclamation activities within

the municipality.

(e) Upon final execution of the

contract, PADEP will notify the host

municipality and county by certified

mail of the action (see draft notice);

notify any agencies who submitted

comments; notify appropriate state

Legislators, in writing, of the action; and

issue a press release of the action

(Regional Community Relations

Coordinator to assist in preparation of

this release). If a Small Projects Permit

is issued with the executed contract,

notice must be made in the PA Bulletin.

Monitoring Program for GFCC’s

The PADEP will conduct monthly

inspections of all GFCC’s until the site

is determined to be stabilized by

vegetation. At that time, the PADEP will

continue to conduct regular inspections

on a quarterly basis until the contract

receives final approval and final bond

release.

The inspections forms and related

instructions to be utilized to monitor the

GFCC program are part of the

amendment.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 884.15, OSM is now seeking

comment on whether the amendment

proposed by Pennsylvania satisfies the

applicable requirements for the

approval of State AMLR program

amendments. If the amendment is

deemed adequate, it will become part of

the Pennsylvania program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Harrisburg Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administration Record.

Public Hearing

Persons wishing to comment at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by close of

business on January 13, 1998. If no one

requests an opportunity to comment at

a public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to comment have been heard.

Persons in the audience who have not

been scheduled to comment and who

wish to do so will be heard following

those scheduled. The hearing will end

after all persons who desire to comment

have been heard.

Public Meeting

If only one person requests an

opportunity to comment at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendments may

request a meeting at the Harrisburg

Field Office by contacting the person

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings will be

open to the public and, if possible,

notices of the meetings will be posted in

advance at the locations listed above

under ADDRESSES. A summary of

meeting will be included in the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This proposal 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 and Tribal abandoned mine

land reclamation plans and revisions

thereof since each such plan is drafted

and promulgated by a specific State or

Tribe, not by OSM. Decisions on

proposed abandoned mine land

reclamation plans and revisions thereof

submitted by a State or Tribe are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State and Tribal

abandoned mine land reclamation plans

and revisions thereof are categorically

excluded from compliance with the

National Environmental Policy Act (42

U.S.C. 4332) by the Manual of the

Department of the Interior (516 DM 6,

appendix 8, paragraph 8.4B(29)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon corresponding Federal regulations

for which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 938

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 18, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 97–33663 Filed 12–24–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–039–FOR]

Texas Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.