Pennsylvania Regulatory Program

nt limits

established by best professional judgement. The amendment is intended

to revise the State program to be consistent with the counterpart

Federal provisions.

DATES: Written comments must be received by 4:00 p.m. on July 23, 1999.

ADDRESSES: Written comments 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, 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, 415

Market Street, Harrisburg, Pennsylvania 17101, Telephone: (717) 782-

4036.

Pennsylvania Department of Environmental Protection, Bureau of Mining

and Reclamation, Rachel Carson State Office Building, Post Office Box

8461, Harrisburg, Pennsylvania 17105-8461, Telephone: (717) 787-5103.

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 Pennsylvania program

amendments are identified at 30 CFR 938.15.

II. Discussion of the Proposed Amendment

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 Pennsylvania program

amendments are identified at 30 CFR 938.15.

II. Discussion of the Proposed Amendment

The Pennsylvania Department of Environmental Protection (PADEP)

submitted a proposed amendment to its program pursuant to remining and

reclamation, postmining discharges, and water supply protection/

replacement in a letter dated December 18, 1998 (Administrative Record

No. PA-853.01). This proposed amendment was

published in the Federal Register on March 12, 1999 (64 FR 12269). The

comment period for this proposal closed on April 12, 1999. During OSM's

review of this proposal, PADEP submitted changes to supplement the

original submission. These changes were described in a letter dated

June 1, 1999 (Administrative Record No. 853.11). In that letter, PADEP

indicated that the December 18, 1998, submission proposed to remove

approved program language in 25 PA Code Chapters 87-90 dealing with

effluent limits for discharges from areas disturbed by coal mining

activities. The deletion of the definitions of the term ``best

professional judgement'' from 25 PA Code 87.202 and 88.502 and deletion

of 25 PA Code 87.207(b) and 88.507(b) are a supplement to this

proposal. OSM is opening the public comment period to allow comment on

these additional proposed deletions to the approved Pennsylvania

program.

III. Public Comment Procedures

rbed by coal mining

activities. The deletion of the definitions of the term ``best

professional judgement'' from 25 PA Code 87.202 and 88.502 and deletion

of 25 PA Code 87.207(b) and 88.507(b) are a supplement to this

proposal. OSM is opening the public comment period to allow comment on

these additional proposed deletions to the approved Pennsylvania

program.

III. Public Comment Procedures

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

seeking comments on the proposed amendments identified above.

Specifically, OSM is seeking comments on the proposed changes to

Pennsylvania's regulations that were submitted on June 1, 1999

(Administrative Record No. PA-853.11). Comments should address whether

the proposed changes satisfy 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.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

Executive Order 12988

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.

IV. Procedural Determinations

Executive Order 12866

This proposed 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

roposed 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 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: June 30, 1999.

Allen D, Klein,

Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 99-17295 Filed 7-7-99; 8:45 am]

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