Pennsylvania Abandoned Mine Land Reclamation Program

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.

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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

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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 pre-exiting 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 pre-existing 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

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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]

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