[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Rules and Regulations]
[Pages 52916-52917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17613]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-124-FOR]


Pennsylvania Regulatory Program

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

ACTION: Final rule; clarification.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is clarifying its decision with respect to one section of an amendment 
to the Pennsylvania regulatory program (Pennsylvania program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
amendment concerned revisions to the Pennsylvania Surface Mining 
Conservation and Reclamation Act (PASMCRA) and implementing regulations 
at 25 Pa. Code Chapters 86-90 with regard to various issues including 
bonding, remining and reclamation, postmining discharges, and water 
supply protection/replacement. We approved this amendment, with certain 
exceptions, in a final rule published in the Federal Register on May 
13, 2005 (70 FR 25472-25491). This clarification supplements a previous 
finding made in Section III. OSM's Findings. However, it does not 
change or otherwise affect our decision made in Section V. OSM's 
Decision.

EFFECTIVE DATE: September 6, 2005.

FOR FURTHER INFORMATION CONTACT: George Rieger, Director, Pittsburgh 
Field Division, Telephone: (717) 782-4036, e-mail: <a href="/cdn-cgi/l/email-protection#e780958e82808295a788948a9582c9808891"><span class="__cf_email__" data-cfemail="7215001b17151700321d011f00175c151d04">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In our May 13, 2005, decision, we approved, 
among other provisions, Section 4(g)(3) of PASMCRA, pertaining to Stage 
3 bond release (70 FR at 25491). Our finding with respect to Section 
4(g)(3) is on page 25474, Col. 2, the first complete paragraph and the 
ensuing three paragraphs. After publication, a member of the public 
pointed out a possible ambiguity with respect to our finding in support 
of approving the phrase, ``the remaining portion of the bond could be 
released in whole or in part at Stage 3 when the operator has completed 
successfully all mining and reclamation activities and has made 
provisions with PADEP for the sound future treatment of any pollutional 
discharges.'' Accordingly, we decided to clarify our finding in support 
of the decision in this regard. This clarification is limited to an 
expansion of this finding only, and does not change or otherwise affect 
our decision to aprove Section 4(g)(3). We are expanding the finding 
related to Section 4(g)(3) to read:
* * * * *
PASMCRA
* * * * *
    Section 4(g)(3) was modified to expressly indicate that the 
remaining portion of the bond could be released in whole or part at 
Stage 3 when the operator has completed successfully all mining and 
reclamation activities and has made provisions with PADEP for the sound 
future treatment of any pollutional discharges. That portion of the 
permit required for post-mining water treatment remains under bond as 
part of the provisions for future treatment of any pollutional 
discharges. Therefore, this is a form of partial bond release as 
provided for in 30 CFR 800.40(c) and can be approved.
    The Federal regulations do not allow full bond release until all 
requirements of the State program and the permit have been met. 
However, Pennsylvania has made clear in its comments on this amendment 
that the reference to the ``whole'' bond that can be released actually 
refers to the original bond. That original, standard bond can be fully 
released at Stage 3 where it is replaced by another approved financial 
instrument, such as a trust fund as a collateral bond that will fully 
secure the long-term water treatment obligation. This method, which 
uses a collateral bond, is the ``provision'' for ``sound future of any 
pollutional discharges.''
    Additionally, Pennsylvania's regulations at 25 Pa. Code 86.151(j), 
which provides that release of bonds does not alleviate the operator's 
responsibility to treat discharge of mine drainage emanating from, or 
hydrologically connected to, the site to the standards in the permit, 
PASMCRA, the Clean Stream Law, the Federal Water Pollution Control Act 
(or Clean Water Act) and the rules and regulations thereunder, provides 
guidance as to what qualifies as sound future treatment. Based upon 
Pennsylvania's clarification about long term financial assurance, we 
construe the references to ``release of bonds'' in section 86.151(j) to 
mean the release of the original bond,

[[Page 52917]]

that is replaced by another bond, whether it be a trust fund or other 
financial instrument used as a collateral bond, that will cover the 
area and cost of treatment facilities. Therefore, to the extent that 
the reference in section 4(g)(3) to release of the ``whole'' bond means 
the original bond that is replaced by the new bond in the form of 
another financial assurance mechanism, that reference is approved.
    Section 4(g)(3) was also amended by deleting bond release language 
applicable to noncoal surface mining operations. Since SMCRA contains 
no counterpart to this language, the deletion of the language does not 
render the Pennsylvania program inconsistent with SMCRA or the 
implementing Federal regulations.
    For the above noted reasons, we are approving the amendments to 
Section 4(g)(3).

    Dated: July 14, 2005.
Brent Wahlquist,
Regional Director, Appalachian Region.
[FR Doc. 05-17613 Filed 9-2-05; 8:45 am]
BILLING CODE 4310-05-M


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