Pennsylvania Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-117-FOR]

Pennsylvania Regulatory Program

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

Interior.

ACTION: Final rule; approval of amendments.

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SUMMARY: OSM is approving 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 843.00) revises the Pennsylvania program to incorporate

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changes made to Chapter 86 (relating to areas unsuitable for mining) by

the Pennsylvania Environmental Quality Board. The proposed amendment is

intended to clarify ambiguous language contained in Subchapter D

concerning the designation of areas as unsuitable for mining, and to

correct typographical errors.

EFFECTIVE DATE: May 30, 1997.

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.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania Program.

II. Submission of the 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, 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. Submission of the Amendment

By letter dated December 19, 1996 (Administrative Record Number PA

843.00), Pennsylvania submitted amendments to the regulations in the

Pennsylvania program concerning designating areas unsuitable for coal

surface mining. The amendments are intended to clarify ambiguous

language contained in Subchapter D concerning the designation of areas

as unsuitable for mining, and to correct typographical errors.

The proposed amendment was published in the January 30, 1997,

Federal Register (62 FR 4504), and in the same notice, OSM opened the

public comment period and provided opportunity for a public hearing on

the adequacy of the proposed amendment. The comment period closed on

March 3, 1997.

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 to the Pennsylvania program.

At Sec. 86.101, in the definition of ``fragile lands'' two

citations of the State Surface Mining Conservation and Reclamation Act

are being amended. The Director finds that this change corrects the

previous and erroneous citation, and does not render the Pennsylvania

program less effective than the Federal regulations.

At Sec. 86.101, in the definition of ``surface mining activities,''

the term that is being defined, ``surface mining activities'' is being

changed to read ``surface mining operations. This change has been made

to improve consistency and clarity of the subchapter by using a single

term, ``operations,'' throughout. No change has been made to the

definition. The Director finds that the change will improve the clarity

and consistency of the subchapter, and does not render the Pennsylvania

program less effective than the Federal regulations.

In various places, the terms ``surface mining activities'' and

``surface mining activity'' are being amended to read ``surface mining

operation'' and ``surface mining operation.'' respectively. The

Director finds that these changes are consistent with the change made

to the definition of ``Surface Mining Operations'' at Sec. 86.101 as

discussed above, and to not render the Pennsylvania program less

effective than the Federal regulations.

In various places the word ``surface'' is being added to clarify

that the term ``surface mining operations'' is intended. And, at

various places the work ``activities'' is being replaced by the phrase

``surface mining operations.'' The Director finds that these changes

improve the clarity of the regulations, are consistent with the same

change of the term ``Surface Mining Operations'' at Sec. 86.101. These

changes do not render the Pennsylvania Program less effective.

At Sec. 86.121(a) the citation for the State Surface Mining

Conservation and Reclamation Act is being amended. The Director finds

that the change does not render the Pennsylvania program less effective

than the Federal regulations.

At Sec. 86.127(b) the list of sources of information concerning

petition areas to more accurately reflect current agency titles and

likely sources of information. This list is not intended to be an all

inclusive list of possible sources of information, but a representative

list of likely sources of information. The Director finds that the

revisions to this list are reasonable, and do not render the

Pennsylvania program less effective than the Federal regulations.

At Sec. 86.130 (a) and (b), the words ``all or certain types of''

are being added to clarify that Sec. 86.130 pertains to areas

designated as unsuitable for all or certain types of surface mining

operations. The Director finds that these changes are consistent with

the Federal use of the phrase ``all or certain types of'' at 30 CFR 764

concerning the State processes for designating areas unsuitable for

surface coal mining operations.

Various typographical, grammatical, style, and organizational name

changes are being made throughout the amendment. The Director finds

that these changes are nonsubstantive and do not render the

Pennsylvania regulations less effective than the Federal regulations.

IV. Summary and Disposition of Comments

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 (MSHA),

District 1 responded that the amendments will not conflict with

existing MSHA regulations. MSHA, District 2 responded and had no

comments.

Public and State Agency Comments

The following comments were received in response to the public

comment period that closed on March 3, 1997. The Pennsylvania

Historical and Museum Commission, Bureau of Historic Preservation

responded and stated that the regulations, as they are now written,

will protect in an appropriate manner the historic and archaeological

resources of the Commonwealth of Pennsylvania.

No other comments were received.

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.). The

Director has determined that these amendments do not pertain to air and

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water quality standards, and that EPA's concurrence is not required.

On January 8, 1997, OSM solicited EPA's comments on the proposed

amendment (Administrative Record No. PA-843.01). The EPA did not

provide any comments.

V. Director's Decision

Based on the above findings, the Director is approving the proposed

amendment as submitted by Pennsylvania on December 19, 1996.

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.

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 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: May 2, 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.

Sec. 938.15 [Amended]

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:

Sec. 938.15 Approval of Pennsylvania Regulatory program amendments.

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Original amendment submission date Date of final publication Citation/description

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December 19, 1996..................... May 30, 1997.......................... 25 PA Code, Chapter 86,

Subchapter D: 86.101; 86.102;

86.103; 86.121; 86.122; 86.123;

86.124; 86.125; 86.126; 86.127;

86.128; 86.129; 86.130.

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[FR Doc. 97-14159 Filed 5-29-97; 8:45 am]

BILLING CODE 4310-05-M