Pennsylvania Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 938

Pennsylvania Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the

Pennsylvania permanent regulatory program (hereinafter referred to as

the Pennsylvania program) under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The proposed amendment (Administrative

Record Number PA 833.00) revises the Pennsylvania program's Small

Operator Assistance Program (SOAP) to be consistent with the October

24, 1992, amendment to section 507(c) of SMCRA (Energy Policy Act of

1992 and the Federal regulations published in the Federal Register of

May 31, 1994. The proposed amendment would provide more comprehensive

assistance to SOAP participants than currently allowed.

DATES: Written comments must be received by 4:00 p.m., E.S.T. December

15, 1994. If requested, a public hearing on the proposed amendment will

be held on December 12, 1994. Requests to speak at the hearing must be

received by 4:00 p.m., E.S.T. on November 30, 1994.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Robert J. Biggi, Director, Harrisburg

Field Office at the address shown below..

Copies of the Pennsylvania program, the proposed amendment, a

listing of any scheduled public hearings, and all written comments

received in response to this document will be available for public

review at the addresses listed below during normal business hours,

Monday through Friday, excluding holidays. Each requester may receive

one free copy of the proposed amendment by contacting OSM's Harrisburg

Field Office. Any disabled individual who has need for a special

accommodation to attend a public hearing should contact the individual

listed under FOR FURTHER INFORMATION CONTACT.

Robert J. Biggi, Director, Office of Surface Mining Reclamation and

Enforcement, Harrisburg Field Office, Harrisburg Transportation Center,

Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, Pennsylvania

17101, Telephone: (717) 782-4036.

Pennsylvania Department of Environmental Resources, Bureau of Mining

and Reclamation, Room 209 Executive House, 2nd and Chestnut Streets,

P.O. Box 8461, Harrisburg, Pennsylvania 17105-8461, Telephone: (717)

787-5103.

A public hearing if held, will be at the Penn Harris Motor Inn and

Convention Center at the Camp Hill Bypass and U.S. Routes 11 and 15,

Camp Hill, Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Robert J. Biggi, Director, Harrisburg

Field Office, (717) 782-4036.

SUPPLEMENTARY INFORMATION:

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, the

disposition of comments, and a detailed explanation of the conditions

of approval of the Pennsylvania program can be found in the July 30,

1982, Federal Register (47 FR 33050). Subsequent actions concerning the

conditions of approval and program amendments are identified at 30 CFR

938.11, 938.12, 938.15 and 938.16.

II. Discussion of Amendment

The Energy Policy Act of 1992, Public Law 102-486, October 24,

1992, amended several sections of SMCRA. Section 507(c) was amended to

expand the coverage of free services that could be provided to

qualified applicants for permit application information under SOAP.

Before enactment of the Energy Policy Act, services provided by section

507(c) covered the determination of probable hydrologic consequences

required by subsection 507(b)(11) and the statement of the results of

test boring or core sampling required by subchapter 507(b)(15). The

section 507(c) revisions expanded the services under subsection

507(b)(11) to include the engineering analyses and designs necessary

for their determination. The revisions also added additional allowable

services. These additional services include: the development of cross-

section maps and plans required by subsection (b)(14); the geologic

drilling and statement of test boring and core sampling required by

subsection (b)(15); the collection of archaeological information

required by subsection (b)(13) and any other archaeological and

historical information required by the regulatory authority; pre-blast

surveys required by section 515(b)(15)(E); and the collection of site-

specific resource information and the production of protection and

enhancement plans for fish and wildlife habitats and other

environmental value required by the regulatory authority.

The Energy Policy Act also added section 507(h) which makes the

operator, exceeding the 12-month coal production limit, liable for

reimbursement of SOAP expenses.

OSM published final regulations to implement the above statutory

provisions in the Federal Register, 59 FR 28136-28174, May 31, 1994.

The Pennsylvania Department of Environmental Resources (PADER)

published proposed rules in the Pennsylvania Bulletin (24 Pa.B. 2120-

2124, April 23, 1994), to revise the existing SOAP provisions to be

consistent with the Federal SOAP revisions. On October 24, 1994, PADER

submitted these rules as a program amendment (PA 833.00).

A summary of PADER proposed revisions are listed below.

Section 86.81 Program Services

Section 86.81(1) is revised: to replace ``laboratory'' with

``consultant;'' to delete the reference to Sec. 86.88 which lists the

current services allowed by SOAP; and to expand the application

requirements that are covered by the amendment.

Section 86.83 Eligibility for Assistance

Section 86.83(a)(2) is revised to replace the 5-year production

liability period with the coal production for the 12-month period

beginning the day after permit issuances.

Section 86.83(b) (2) and (3) Eligibility for Assistance

Section 86.83(b) (2) and (3) is revised to calculate the

attributable coal production from persons owning 5 percent of the

applicant's operation to persons owning 10 percent of the applicant's

operation.

Section 86.84 Application for Assistance

Section 86.84(b)(6) is revised to require the necessary

documentation to legally support applicant's right of entry.

Section 86.87 Determination of Data Requirements

Section 86.87(a) is revised to provide expanded services concurrent

with the determination of the probable hydrologic consequences.

Section 86.88 Data for Probable Hydrologic Consequences

Section 86.89 Data for Test Borings or Core Samplings

These sections are rendered unnecessary by the amended provisions

and are deleted.

Section 86.92 Basic Qualifications

Section 86.92 is revised to provide for specialized laboratory

services.

Section 86.93 Assistance Funding

Section 86.93(a) is revised to delete language that is rendered

inappropriate by the new provisions providing additional services to

SOAP participants.

Section 86.94 Applicant Liability

Section 86.94 is revised to reduce the applicant's liability, based

on coal production, to repay for services provided from 5 years to the

12-month period after the permit is issued.

Section 86.96 Measurement

Section 86.96 is revised to delete the name of OSM's coal

production form since OSM has changed the name.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. 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 Administrative Record.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., E.S.T.

on November 30, 1994. The location and time of the hearing will be

arranged with those persons requesting the hearing. If no one requests

an opportunity to testify at the 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 speak have been heard. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak have been heard.

Public Meeting

If only one person requests an opportunity to speak 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

amendment may request a meeting by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under ADDRESSES. A written summary of each meeting

will be made a part of the Administrative Record.

IV. 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 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (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 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.

List of Subjects in 30 CFR Part 938

Intergovernmental relations, Surface mining, Underground mining.

Dated: November 4, 1994.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 94-28122 Filed 11-14-94; 8:45 am]

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