Pennsylvania Regulatory Program

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: 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 regulatory program (hereinafter the ``Pennsylvania

program'') under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). The proposed amendment consists of revisions to the

Pennsylvania rules pertaining to: Surface and underground mining--

definitions, incidental coal extraction, permit approval, permit

renewal, coal exploration, and bonding; surfacing mining--ground and

surface water permit application information, operation and reclamation

plans, and environmental protection performance standards; anthracite

coal mining--permit applications, environmental protection performance

standards, bank removal and reclamation standards, refuse removal

standards, coal preparation facilities, and underground mines;

underground mining of coal and coal preparation plants--erosion and

sedimentation control standards, information requirements, performance

standards, impoundments, subsidence control, and coal preparation; 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.

DATES: Written comments must be received by 4:00 p.m., E.S.T. March 29,

1996. If requested, a public hearing on the proposed amendment will be

held on March 25, 1996. Requests to speak at the hearing must be

received by 4 p.m., E.S.T. on March 14, 1996.

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

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

address listed 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

[[Page 7447]]

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.

Robert J. Biggi, Director, Harrisburg Field Office, Office of Surface

Mining Reclamation and Enforcement, Harrisburg Transportation Center,

Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, PA 17101,

Telephone: (717) 782-4036.

Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland

21532, Telephone: (301) 689-4136.

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

Field Office, Telephone: (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 the conditions of approval can be found in

the July 31, 1982, Federal Register (47 FR 33050). Subsequent actions

concerning the conditions of approval and program amendments can be

found at 30 CFR 938.11, 938.12, 938.15, and 938.16.

II. Description 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). The provisions of

the regulations that Pennsylvania purposes to amend are found at

sections 86-90 of its Coal Mining Regulations. They were published in

the Pennsylvania Bulletin on December 16, 1995 (vol. 25, no. 50). Due

to the voluminous nature of the proposed changes, they will be

summarized to the extent possible.

Chapter 86--Surface and Underground Mining: General

At section 86.1--Definitions, Pennsylvania proposes to add the

following definitions:

``Cumulative Measurement Period''--for purposes of section 86.5

(relating to the extraction of coal incidental to noncoal surface

mining), the period of time over which both cumulative production and

cumulative revenue are measured.

``Cumulative Production''--for purposes of section 86.5, the total

tonnage of coal or other minerals extracted from a mining area during

the cumulative measurement period.

``Cumulative Revenue''--for purposes of section 86.5, the total

revenue derived from the sale of coal or other minerals and the fair

market of coal or other minerals transferred or used, but not sold,

during the cumulative measurement period.

``MSHA''--the Mine Safety and Health Administration, United States

Department of Labor.

``Mining Area''--for purposes of section 86.5, an individual

excavation site or pit from which coal, other minerals, and overburden

are removed.

``Other Minerals''--for purposes of section 86.5, a commercially

valuable substance mined for its mineral value, excluding coal,

topsoil, waste and fill material.

``Surface Mining Activities''--added to the existing definition of

this term is the inclusion of the construction of a road or similar

disturbance for any purpose related to a surface mining activity,

including that of moving or walking a dragline or other equipment or

for the assembly or disassembly or staging of equipment.

At section 86.5--Extraction of Coal Incidental to Noncoal Surface

Mining, Pennsylvania proposes to require that a person who intends to

extract coal incidental to the extraction of other minerals must do so

under the provisions of a noncoal surface mining permit and subject to

the regulations specified in this section. Certain exemptions apply.

The operator shall select and consistently use one of two identified

methods for determining the beginning of the cumulative measurement

period. A request for exemption must be filed by the operator prior to

the extraction. If extraction has begun, the operator must file a

request by February 14, 1996. Public notice requirements must be met by

both the operator and the Department of Environmental Protection

(PADEP). A request for exemption must include certain information

including, but not limited to, name and address of applicant; list of

minerals to be extracted; estimates of annual production, revenues, and

fair market values of coal; maps of the mining area; evidence of

publication of public notice; and other pertinent information. The

PADEP will approve the request for exemption if certain, specified

criteria are satisfied. A person whose request has been approved must

conduct operations in accordance with the approved request, file an

annual report, maintain certain information, and comply with

notification provisions. Stockpiling of coal will be considered if

certain provisions are met.

At section 86.37--Criteria for Permit Approval or Denial,

Pennsylvania proposes at subsection (b) to prohibit an incremental

phase approval of a permit if PADEP has already issued an incremental

phase approval for the area to another permittee, except for an area

used for access or haul roads.

At section 86.55--Permit Renewals: General Requirements,

Pennsylvania proposes at subsection (c) to require that if a permittee

provides a written notice to PADEP under subsection (i), the notice

shall be filed at least 180 days before the expiration date of the

permit. At subsection (g)(6), a permit will not be renewed if the

permittee has failed to provide evidence of having liability insurance.

At subsection (i), the permittee may provide written notice in lieu of

submitting a complete application for renewal and providing public

notice if certain conditions are met pertaining to coal extraction,

preparation, refuse disposal, and treatment facilities. At subsection

(j), if a permittee has provided written notice as specified in

subsection (i) and determines prior to the permit expiration date that

coal extraction, preparation, or disposal will occur or treatment

facilities will be required after the expiration date, a renewal

application shall be submitted.

At section 86.133--General Requirements for Coal Exploration,

Pennsylvania proposes at subsection (g) to add the requirement that a

person who conducts coal exploration by means of boreholes or coreholes

meet the requirements of sections 89.54 and 89.83.

At section 86.134--Coal Exploration Performance and Design

Standards, Pennsylvania proposes at subsection (8) to require that each

exploration hole, borehole, well, or other underground opening meet the

requirements of sections 87.93, 89.54, and 89.83.

At section 86.156--Form of the Bond, Pennsylvania proposes at

subsection (b) to require banks and other institutions to certify that

they will notify the State of any action filed alleging the insolvency

or bankruptcy of the permittee. The word ``supervision'' is replaced by

``suspension.''

At section 86.175--Schedule for Release of Bonds, Pennsylvania

proposes at subsection (b)(3) for underground mines and coal

preparation plants to permit release of an additional amount of bond on

the

[[Page 7448]]

permit area or designated phase upon completion and approval of PADEP

of Stage 2 reclamation but retaining an amount sufficient to cover the

cost of reestablishing vegetation and reconstructing drainage

structures.

At section 86.182--Procedures, Pennsylvania proposes at subsection

(e) to use funds collected from bond forfeiture to complete the

reclamation plan, or remaining portion thereof. At subsection (f), if

the forfeited amount is insufficient, the operator is liable for

remaining costs. If the forfeited amount is more than necessary, the

excess funds shall be used for certain purposes specified in the

statutes.

At section 86.193--Assessment of Civil Penalty--Pennsylvania

proposes to delete subsection (h) which provided for the assessment of

a penalty against corporate officers, directors, or agents as an

alternative to, or in combination with, other penalty actions.

Chapter 87--Surface Mining of Coal

At section 87.1--Definitions, Pennsylvania proposes to revise 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 moving or walking a dragline or

other equipment, or for the assembly or disassembly or staging of

equipment.

At section 87.45--Groundwater Information, Pennsylvania proposes at

subsection (a)(4) to specify minimum water quality descriptions.

At section 87.46--Surface Water Information, Pennsylvania proposes

at subsection (b)(3) to require that water quality data show

conductance corrected to 25 degrees C. and total aluminum in milligrams

per liter.

At section 87.54--Maps, Cross Sections, and Related Information,

and section 87.65--Maps and Plans, Pennsylvania proposes at subsections

(b) that to prepare and certify maps and cross sections, a qualified,

professional geologist also be registered.

At section 87.69--Protection of Hydrologic Balance, Pennsylvania

proposes at sections (b) (4) and (5) to require that each permit

application contain a plan which identifies monitoring locations and

sampling frequency, and logically relate to the determination of

probable hydrologic consequences (PHC). The determination must address

certain, specified parameters.

At section 87.73--Dams, Ponds, Embankments, and Impoundments--

Pennsylvania is proposing at subsection (c)(1) that a detailed design

plan for a structure be prepared with assistance, as necessary from

experts in related fields when impoundments meet or exceed prescribed

size classifications. For impoundments not meeting the size

classification, the plan shall be prepared by a qualified registered

professional engineer or qualified registered land surveyor. An

impounding structure constructed of coal refuse or used to impound coal

refuse may not be retained permanently unless it develops into a fill

meeting certain construction requirements.

At section 87.92--Signs and Markers, Pennsylvania proposes at

subsection (g) to require that ground and surface water monitoring

locations and sampling points used to obtain background information be

clearly marked and identified. Marking requirements may be waived for

aesthetic reasons.

At section 87.93--Casing and Sealing of Drilled Holes, Pennsylvania

proposes at subsection (d) to reference the Oil and Gas Act.

At section 87.102--Hydrologic Balance: Effluent Standards,

Pennsylvania is proposing at subsection (a) to change certain groups of

effluent criteria.

At section 87.108--Hydrologic Balance: Sedimentation Ponds,

Pennsylvania is proposing at subsection (c) to require the

sedimentation ponds be maintained until the disturbed area has been

stabilized and revegetated. The ponds may not be removed sooner than

two years after the last augmented seeding, unless PADEP finds that the

disturbed area has been sufficiently revegetated and stabilized.

At section 87.112--Impoundments--Design, Construction, and

Maintenance, Pennsylvania proposes at subsection (b) to require a

minimum static safety factor of 1.3. At subsection (b)(1), impoundments

exceeding certain classification sizes shall be designed with

assistance, as necessary, from experts in related fields. Impoundments

not meeting the classification size shall be designed and certified by

a qualified registered professional engineer or qualified registered

professional land surveyor. Each impoundment must be certified. At

subsection (d), impoundments that require a permit or meet the

classification size are subject to periodic inspections by a qualified

registered professional engineer. Impoundments not requiring a permit

or not meeting the classification size are subject to the same periodic

inspections but the inspection may be made by a qualified registered

professional land surveyor. Both the engineer and land surveyor must be

experienced in the construction of impoundments. At subsection (f),

PADEP may consider Mine Safety and Health Administration's (MSHA)

review for impoundments. However, PADEP will review impoundments in

certain cases.

At section 87.116--Hydrologic Balance: Groundwater Monitoring,

Pennsylvania proposes at subsection (b) to specify minimum monitoring

standards and parameters and require that results be reported every

three months for each location. At subsection (d), PADEP may require

that the operator conduct monitoring and reporting more frequently and

to monitor additional parameters.

At section 87.117--Hydrologic Balance: Surface Water Monitoring,

Pennsylvania proposes to require that surface water be monitored for

parameters that relate to the suitability of the surface water for

current and approved postmining land uses and to specify minimum

monitoring standards and parameters. Results are to be reported every

three months for each location. At subsection (b), PADEP may require

that the operator conduct monitoring and reporting more frequently and

to monitor additional parameters.

At section 87.125--Use of Explosives, Pennsylvania proposes at

subsection (a) to clarify the notification procedures for operators

pertaining to preblasting surveys.

At section 87.127--Use of Explosives: Surface Blasting

Requirements, Pennsylvania proposes at subsection (e)(2) to require

that PADEP specify lower maximum allowable airblast levels than

prescribed to prevent damage. At subsection (h), maximum peak particle

velocity standards are specified. At subsection (i)(2), exceptions to

the maximum peak particle velocity limitations are specified pertaining

to waivers for structures located on the permit area. At subsection

(j), the detonation formula is changed to W=(D/Ds) squared, where Ds

equals the scaled distance factor. At subsection (k), the seismograph

record within 30 days becomes part of the blast record and shall be

analyzed by an independent qualified party. At subsection (p), a blast

level chart is provided to determine the maximum allowable ground

vibration. The operator is required to provide a seismograph record for

each blast. The vibration frequency must be displayed and analyzed over

a specified frequency range. The permittee is required to obtain PADEP

approval of the analytical method used before application.

At section 87.129--Use of Explosives: Records of Blasting

Operations, Pennsylvania proposes at subsection (4) to add public

buildings and other

[[Page 7449]]

structures to the list of structures for which direction and distance

must be measured.

At section 87.131--Disposal of Excess Spoil, Pennsylvania proposes

at subsection (n) to require that the inspecting engineer's report

certify that the fill has been maintained in accordance with the

approved design, in accordance with the approved plan, and in

accordance with all applicable performance standards. The report shall

also contain any appearances of instability, structural weakness and

other hazardous conditions.

At section 87.136--Disposal of Noncoal Waste, Pennsylvania proposes

to require that noncoal waste disposal be conducted in accordance with

the Solid Waste Management Act and related regulations.

At section 87.138--Protection of Fish, Wildlife and Related

Environmental Values, Pennsylvania proposes at subsection (c) to

prohibit surface mining activity which would result in the unlawful

taking of a golden or bald eagle, its nest, or eggs. Upon notification

that a nest is within the permit area, PADEP is required to consult

with appropriate agencies to determine whether and under what

conditions the operator may proceed.

Chapter 88--Anthracite Coal

At section 88.24--Geology, Pennsylvania proposes at subsection

(b)(4) to require that chemical analyses identify coal and overburden

that may contain acid-forming or toxic-forming materials to determine

their content and include total sulfur. A waiver may be granted if

PADEP makes a written determination that other equivalent information

is available.

At section 88.25--Groundwater, Pennsylvania proposes at subsection

(a)(4) to specify minimum water quality descriptions.

At section 88.26--Surface Water Information, Pennsylvania proposes

at subsection (b)(2) to specify that water quality data show specific

conductance corrected to 25 degrees C. and total aluminum in milligrams

per liter.

At section 88.31--Maps and Plans and section 88.44--Operation Maps

and Operation Plans, Pennsylvania proposes at subsection (b) that the

qualified professional geologist be registered.

At section 88.49--Protection of Hydrologic Balance, Pennsylvania

proposes at subsection (b)(2) to require that the ground and surface

water quality and quantity data plan be done in accordance with

prescribed regulations and identify monitoring locations, and sampling

frequency and logically relate to the determination of PHC. At

subsection (b)(3), the determination must address certain, specified

parameters.

At section 88.82--Signs and Markers, Pennsylvania proposes at

subsection (c) to require that ground and surface water monitoring

locations and sampling points used to obtain background information be

clearly marked and identified. Marking requirements may be waived for

aesthetic reasons.

At section 88.83--Sealing of Drilled Holes: General Requirements,

Pennsylvania proposes at subsection (d) to reference the Oil and Gas

Act.

At section 88.92--Hydrologic Balance: Effluent Standards,

Pennsylvania proposes at subsection (a) to change certain groups of

effluent criteria.

At section 88.102--Hydrologic Balance: Dams, Ponds, Embankments,

and Impoundments, Pennsylvania proposes at subsection (b) to require a

minimum static safety factor of 1.3.

At section 88.105--Hydrologic Balance: Groundwater Monitoring,

Pennsylvania proposes at subsection (b) to specify minimum monitoring

standards and parameters and require that results be reported every

three months for each location. At subsection (c), PADEP may require

that the operator conduct additional hydrologic tests. At subsection

(d), PADEP may require that the operator conduct monitoring and

reporting more frequently and to monitor additional parameters.

At section 88.106--Hydrologic Balance: Surface Water Monitoring,

Pennsylvania proposes at subsection (a) to require that surface water

be monitored for parameters that relate to the suitability of the

surface water for current and approved postmining land uses and to

specify minimum monitoring standards and parameters. Results are to be

reported every three months. At subsection (b), PADEP may require the

operator to conduct monitoring and reporting more frequently and to

monitor additional parameters.

At section 88.182--Signs and Markers, Pennsylvania proposes at

subsection (b) to require that ground and surface water monitoring

locations and sampling points used to obtain background information be

clearly marked and identified. Marking requirements may be waived for

aesthetic reasons.

At section 88.187--Hydrologic Balance: Effluent Standards,

Pennsylvania proposes at subsection (a) to change certain groups of

effluent criteria.

At section 88.197--Hydrologic Balance: Ponds, Embankments and

Impoundments, Pennsylvania proposes at subsection (b) to require a

minimum static safety factor of 1.3.

At section 88.201--Hydrologic Balance: Groundwater Monitoring,

Pennsylvania proposes at subsection (b) to require minimum monitoring

standards and parameters and require that results be reported every

three months for each location. At subsection (c), PADEP may require

that the operator conduct additional hydrologic tests. At subsection

(d), PADEP may require that the operator conduct monitoring and

reporting more frequently than every three months and to monitor

additional parameters.

At section 88.202--Hydrologic Balance: Surface Water Monitoring,

Pennsylvania proposes to require that surface water be monitored for

parameters that relate to the suitability of the surface water for

current and approved postmining land uses and to specify minimum

monitoring standards and parameters. Results are to be reported every

three months for each location. At subsection (b), PADEP may require

that the operator conduct monitoring and reporting more frequently and

to monitor additional parameters.

At section 88.282--Signs and Markers, Pennsylvania proposes at

section (c) to require that ground and surface water monitoring

locations and sampling points used to obtain background information be

clearly marked and identified. Marking requirements may be waived for

aesthetic reasons.

At section 88.283--Sealing of Drilled Holes: General Requirements,

Pennsylvania proposes at section (d) to reference the Oil and Gas Act.

At section 88.284--Sealing of Drilled Holes and Exploratory

Openings, Pennsylvania proposes to require that drilled holes and

boreholes to be used to return coal refuse to abandoned underground

workings and wells to be used to monitor groundwater conditions be

temporarily sealed before used and protected during use.

At section 88.292--Hydrologic Balance: Effluent Standards,

Pennsylvania proposes at subsection (a) to change certain groups of

effluent criteria.

At section 88.302--Hydrologic Balance: Dams, Ponds Embankments and

Impoundments, Pennsylvania proposes at subsection (b) to require a

minimum static safety factor of 1.3.

At section 88.305--Hydrologic Balance: Groundwater Monitoring,

Pennsylvania proposes at subsection (b)

[[Page 7450]]

to specify minimum monitoring standards and parameters and require that

results be reported every three months for each location. At subsection

(c), PADEP may require that the operator conduct additional hydrologic

tests. At subsection (d), PADEP may require that the operator conduct

monitoring and reporting more frequently and to monitor additional

parameters.

At section 88.306--Hydrologic Balance: Surface Water Monitoring,

Pennsylvania proposes at subsection (a) to require that surface water

be monitored for parameters that relate to the suitability of the

surface water for current and approved postmining land uses and to

specify minimum monitoring standards and parameters. Results are to be

reported every three months. At subsection (b), PADEP may require the

operator to conduct monitoring and reporting more frequently and to

monitor additional parameters.

At section 88.321--Disposal of Noncoal Wastes, Pennsylvania

proposes to require that noncoal waste disposal be conducted in

accordance with the Solid Waste Management Act and related regulations.

Certain waste materials with low ignition points may not be deposited

on or near a coal refuse disposal pile.

At section 88.381--General Requirements, Pennsylvania proposes to

require at subsection (c)(7) that monitoring plans be presented in

accordance with certain, specified regulations.

At section 88.491--Minimum Requirements for Information on

Environmental Resources, Pennsylvania proposes at subsection (c)(1)(iv)

to specify minimum water quality description. At subsection (d)(2)(ii),

water quality data must show specific conductance corrected to 25

degrees C., total aluminum in milligrams per liter, and other

information PADEP determines to be relevant. At subsection (j), the

referenced qualified professional geologist must be registered and maps

and plans must be prepared with assistance, as necessary, from experts

in related fields.

At section 88.492--Minimum Requirements for Reclamation and

Operation Plan, Pennsylvania proposes at subsection (d)(2)(iii) to

require that the plan identify monitoring locations and sampling

frequency, and logically relate to the determination of PHC. At

subsection d(3), the determination shall address the parameters

measured in accordance with section 88.491.

Chapter 89--Underground Mining of Coal and Coal Preparation Facilities

At section 89.24--Sedimentation Ponds, Pennsylvania proposes at

subsection (c) to require that sedimentation ponds be maintained until

the disturbed areas has been stabilized and revegetated. The ponds may

not be removed sooner than two years after the last augmented seeding,

unless PADEP finds that the disturbed area has been sufficiently

revegetated and stabilized.

At section 89.34--Hydrology, Pennsylvania proposes at subsection

(a)(1) to specify minimum water quality descriptions, and to specify

the standards for the groundwater monitoring plan. At (a)(2), specific

conductance standards are required and the standards for the surface

water monitoring plan are specified.

At section 89.51--Signs and Markers, Pennsylvania proposes at

subsection (h) to require that ground and surface water monitoring

locations and sampling points used to obtain background information be

clearly marked and identified. Marking requirements may be waived for

aesthetic reasons.

At section 89.52--Water Quality Standards, Pennsylvania proposes a

subsection (c) to change certain groups of effluent criteria.

At section 89.63--Disposal of Noncoal Wastes, Pennsylvania proposes

to require that noncoal waste disposal be conducted in accordance with

the Solid Waste Management Act and related regulations.

At section 89.101--General Requirements, Pennsylvania proposes at

subsection (a) to require that impoundments exceeding certain

classification sizes be designed with assistance, if necessary, from

experts in related fields. At subsection (b), impoundments which do not

meet certain classification sizes are subjected to periodic inspections

and certified by specified registered professionals. At subsection (d),

PADEP may consider MSHA's review for impoundments. However, PADEP will

review impoundments in certain cases.

At section 89.112--Impoundments, Pennsylvania proposes to require a

minimum static safety factor of 1.3. Impoundments must be certified

that certain conditions have been met.

At section 89.141--Application Requirements, Pennsylvania proposes

at subsection (d) to reference the Oil and Gas Act.

At section 89.142--Maps, Pennsylvania proposes at subsection (a) to

require that major electric lines be identified by name or numerical

reference.

At section 89.143--Performance Standards, Pennsylvania proposes at

subsection (b) to specify that a pillar lying partially within the

support area shall be considered part of the support area and be

consistent with the other support pillars in size and pattern.

At section 89.144--Public Notice, Pennsylvania proposes at

subsection (a) to require that the operator comply with certain,

specified notification procedures.

At section 89.172--Informational Requirements, Pennsylvania

proposes at subsection (b) to specify that PADEP will not issue a

permit unless it finds, in writing, that the activity will be conducted

in compliance with specified performance standards.

Chapter 90--Coal Refuse Disposal

At section 90.13--Groundwater Information, Pennsylvania proposes at

subsection (1) to specify minimum water quality descriptions.

At section 90.14--Surface Water Information, Pennsylvania proposes

at subsection (b)(3) to specify that water quality data show specific

conductance corrected to 25 degrees C. and total aluminum in milligrams

per liter.

At section 90.35--Protection of the Hydrologic Balance,

Pennsylvania proposes at subsection (b)(3) to require that the ground

and surface water quality plan identify monitoring locations and

sampling frequencies and logically relate to the determination of the

PHC.

At section 90.39--Ponds, Impoundments, Banks, Dams, Embankments,

Piles and Fills, Pennsylvania proposes at subsection (e) to require

that each plan provide for the removal of impoundments constructed of

or used to impound coal refuse as part of site reclamation.

At section 90.46--Maps, Pennsylvania proposes at subsection (3) to

require that the qualified geologist be registered.

At section 90.92--Signs and Markers, Pennsylvania proposes at

subsection (g) to require that ground and surface water monitoring

locations and sampling points used to obtain background information be

clearly marked and identified. Marking requirements may be waived for

aesthetic reasons.

At section 90.102--Hydrologi Balance: Water Qualify Standards,

Pennsylvania propose at subsection (a) to change certain groups of

effluent criteria.

At section 90.108--Hydologic Balance: Sedimentation Ponds,

Pennsylvania proposes at subsection (c) to require that sedimentation

ponds not be removed until the disturbed area has been stabilized and

revegetated and not

[[Page 7451]]

removed sooner than two years after the last augmented seeding, unless

PADEP finds that the disturbed area has been sufficiently revegetated

and stabilized.

At section 90.111--Impoundments, Pennsylvania proposes at

subsection (7) to require that impoundments which are constructed of or

used to impound coal refuse be developed into fills meeting specified

construction requirements.

At section 90.112--Dams, Embankments and Impoundments, Pennsylvania

proposes at subsection (b) to require a status safety factor of 1.3 and

impoundments must be certified according to certain standards. At

subsection (f), PADEP may consider MSHA's review for impoundments.

However, PADEO will review impoundments in certain cases.

At section 90.113--Coal Processing Waste Dams and Embankments,

Pennsylvania proposes at subsection (i) to specify that impoundments

constructed of coal processing wastes or used to impound wastes not be

retained permanently as part of the postmining land use unless certain

conditions are met.

At section 90.115--Groundwater Monitoring, Pennsylvania proposes at

subsection (b) to specify minimum monitoring standards and parameters

and require that results be reported every three months for every

location. At subsection (d), PADEP may require that the operator

conduct monitoring and reporting more frequently and to monitor

additional parameters.

At section 90.116--Surface Water Monitoring, Pennsylvania proposes

at subsection (a) to require that surface water be monitored for

parameters that relate to the suitability of the surface water for

current and approved postmining land uses and to specify minimum

monitoring standards parameters. Results are to be reported every three

months for each location. At subsection (b), PADEP may require that the

operator conduct monitoring and reporting more frequently and to

monitor additional parameters.

At section 90.120--Permanent Postdisposal Renovation, Pennsylvania

proposes to require that impoundments constructed of coal refuse or

used to impound coal refuse be developed into fills meeting certain

construction requirements.

At section 90.130--Coal Refuse Dams, Pennsylvania proposes to

delete the requirement that the specified structures may not be

retained permanently as part of the approved postmining land use.

At section 90.133--Disposal of Noncoal Wastes, Pennsylvania

proposes to require that noncoal waste disposal be conducted in

accordance with the Solid Waste Management Act and related regulations.

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 an 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 March 14, 1996. The location and time of the hearing will be

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

an opportunity to speak 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.

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.

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

[[Page 7452]]

U.S.C. 601 et seq.). The State submittal which is the subject of this

rule is based upon counterpart 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 counterpart Federal

regulations.

List of Subjects in 30 CFR Part 938

Intergovernmental relations, Surface mining, Underground mining.

Dated: February 16, 1996.

Allen D. Klein,

Assistant Director, Appalachian Regional Coordinating Center.

[FR Doc. 96-4430 Filed 2-27-96; 8:45 am]

BILLING CODE 4310-05-M