[Federal Register Volume 65, Number 57 (Thursday, March 23, 2000)]
[Rules and Regulations]
[Pages 15553-15558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7207]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-127-FOR]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM).
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving, with certain exceptions, 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 amendment revises the
Pennsylvania program to incorporate changes made by Pennsylvania
regarding administration of the Small Operators Assistance Program
(SOAP).
EFFECTIVE DATE: March 23, 2000.
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 30, 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 November 8, 1999, (Administrative Record Number PA
846.02), Pennsylvania submitted an amendment to the Pennsylvania
program. The amendment resulted from regulations the Pennsylvania
Department of Environmental Protection (PADEP) published in the
Pennsylvania Bulletin (28 Pa. B. 15, January 3, 1998). The regulations
were published to revise Pennsylvania's existing SOAP regulations to be
consistent with the federal SOAP revisions and because of the
Department's Regulatory Basics Initiative (RBI). Under the RBI,
regulations are revised because they were considered unclear,
unnecessary or were more stringent than the corresponding federal
regulations. Pennsylvania also published the regulations to address an
amendment required by OSM [see 30 CFR 938.16(ooo)].
The proposed amendment was published in the Federal Register (64
[[Page 15554]]
FR 66598, November 29, 1999), 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
December 29, 1999. No public hearings were requested or held.
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.
A. 25 PA Code 86.80. Definitions
The definition of the phrase, ``qualified consultant and qualified
laboratory'' was moved to this newly created section from 25 PA Code
86.91. There was only a slight wording change when it was moved. The
use of the term ``qualified consultant'' was discussed and approved in
a previous Pennsylvania amendment regarding SOAP (60 FR 16789 and
16791, April 3, 1995). In approving that amendment, the Director found
that use of the term ``qualified consultant'' was consistent with the
intent of the federal regulations and did not render the Pennsylvania
program less effective than the counterpart regulations at 30 CFR part
795. With regard to the current amendment, the Director finds that
moving of the definition and the slight wording change to the
definition of ``qualified consultant and qualified laboratory'' is no
less effective than the federal definition found at 30 CFR 795.3.
B. 25 PA Code 86.81, Program Services
The first change proposed to 25 PA Code 86.81 is the deletion of
the phrase ``for qualified small operators who request assistance'' in
subsection (a) when describing the Department's duties. A new
subsection (1) which requires the Department to, ``Review requests for
assistance'' is proposed to be added. While there is no direct federal
counterpart to this regulation, the Director finds the amendment to be
consistent with 30 CFR 795.9 regarding administration of the SOAP
program and data requirements and therefore approves the change.
PADEP further changed this section by moving the referenced
regulations of subsection (a)(1)(iii) to newly created subsections
(a)(2)(iii)(A), (B), and (C) and by stating that the Department will
select and pay a qualified consultant to provide a description of the
existing resources within and adjacent to the proposed permit area in
accordance with one of those subsections. In moving the referenced
regulations, PADEP dropped references to 25 PA Code Secs. 87.48, 87.49,
87.52, 87.53, 88.28, 88.29, 88.30, 88.32, 88.33, 89.37, 89.38, 89.71,
89.72, 89.73, 89.102, 89.121, 89.122, 89.141, and 89.142(a). The
remaining references are: (A) Sections 87.41-87.47, 87.50 and 87.54,
(B) 88.21-88.27 and 88.31, and (C) 89.33-89.36, 89.38 and 89.74. The
cross references listed in (C) that in 1995 (60 FR 16788) were approved
previously remain approved except as noted later in the discussion
regarding Sec. 89.34.
Similarly, the Department changed subsection (a)(1)(iv) by moving
referenced regulations to newly created subsections (a)(2)(iv)(A), (B),
and (C) and by stating that the Department will select and pay a
qualified consultant to provide a detailed description, to include
maps, plans, and cross sections, of the proposed coal mining activities
showing the manner in which the proposed permit area will be mined and
reclaimed in accordance with one of those subsections. In moving the
referenced regulations, PADEP dropped references to 25 PA Code
Secs. 87.68, 87.70-87.76 (inclusive), and 87.78-87.83 (inclusive),
88.41-88.44 (inclusive), 88.46, 88.48, 88.50-88.55 (inclusive), 88.57-
88.61 (inclusive). The remaining references are: (A) Sections 87.69,
87.77 and 87.84 and (B) Sections 88.49, 88.56 and 88.62.
For Chapter 89 references to subsection (a)(2)(iv)(C), PADEP added
Secs. 89.33, 89.34, and 89.35 while deleting references to Secs. 89.31,
89.32, 89.37, 89.71-89.73 (inclusive), 89.102, 89.122(b), 89.141, and
89.142(a). Two of the added Chapter 89 references (Secs. 89.33 and
89.35) deal with geology and prediction of the hydrologic consequences
for underground mines and coal preparation facilities. The information
required by these sections will be used to determine the probable
hydrologic consequences and the geology information as provided for in
30 CFR 795.9(b)(1) and (2). Therefore, the Director finds the addition
of these references makes this portion of the amendment to be no less
effective than the federal rule and approves the change.
The third Chapter 89 reference, Sec. 89.34, deals with hydrology
for underground mines and coal preparation facilities. Subsections
(a)(1)(i)and (ii), (a)(2)(i), and (b) deal with collection of
groundwater and surface water information for the proposed permit and
adjacent areas. The information required by these subsections will be
used to determine the probable hydrologic consequences information as
provided for in 30 CFR 795.9(b)(1). However, subsections (a)(1)(iii)
and (a)(2)(ii) deal respectively with groundwater and surface water
monitoring plans. The information required by these subsections is not
of the nature that would be funded under federal SOAP guidelines. In
1995, OSM had inadvertently approved in 86.81 (a)(1)(iii), the cross
reference to Sec. 89.34(a)(1)(iii) and (a)(2)(ii). Now, however, the
Director is approving incorporation of the reference to Sec. 89.34 at
86.81(a)(2)(iii)(C) and 86.81(a)(2)(iv)(C) to the extent that
Pennsylvania implements this provision consistent with the SOAP funding
provisions of SMCRA section 507(c)(1)(A) and the implementing
regulations at 30 CFR 795.9(b)(1). The Director is not approving the
incorporation of this references into subsections 86.81(a)(2)(iii)(C)
and 86.81(a)(2)(iv)(C) to the extent that the proposed subsections
would authorize the expenditure of Pennsylvania SOAP funds under the
subsections listed above for services that are not fundable under
section 507(c)(1)(A) of SMCRA or 30 CFR 795.9(b)(1).
PADEP changed the references to the regulations at 86.81(a)(2)(iii)
and 86.81(a)(2)(iv) in response to OSM's comments to Pennsylvania's
previous SOAP amendment (60 FR 16788). In reviewing that amendment, OSM
required PADEP to correct regulatory citations that are beyond the
scope of services authorized by 30 CFR 795. While PADEP deleted most of
the regulatory citations OSM felt were beyond the scope of services
authorized by 30 CFR 795, there are still several that remain including
references in 25 PA Code 86.81(a)(2)(iii)(A) and (B) to Secs. 87.41,
87.42(1), 88.21, and 88.22(1). Sections 25 PA Code 87.41 and 88.21
correspond to 30 CFR 779.11, (description in permit application of
existing, premining environmental resources that may be affected or
impacted) and 25 PA Code 87.42(1) and 88.22(1) correspond to 30 CFR
779.12(a) (description and identification of lands, etc.). Neither the
requirements noted in 30 CFR 779.11 nor 779.12(a) are referenced in
federal regulations as being authorized for payment under the SOAP
program. The Director is approving subsections 86.81(a)(2)(iii)(A) and
(B) to the extent that Pennsylvania implements these provisions
consistent with the SOAP funding provisions of SMCRA section 507(c) and
the implementing regulations at 30 CFR 795.9(b). The Director is not
approving proposed subsections 86.81(a)(2)(iii)(A) and (B) to the
extent that the proposed
[[Page 15555]]
subsections would authorized the expenditure of Pennsylvania SOAP funds
under the subsections listed above for services that are not fundable
under section 507(c)(1) of SMCRA or 30 CFR 795.9(b).
In the 1995 SOAP amendment, OSM also noted that the permitting
requirements at 25 PA Code 87.77, 88.56 and 89.38 are not authorized
for SOAP funding to the extent that they apply to public parks (60 FR
16790). The references to public parks remain in subsections
86.81(a)(2)(iv)(A), (B) and (C). The Director is approving the
reference of Secs. 87.77, 88.56 and 89.38 in subsections
86.81(a)(2)(iv)(A), (B) and (C) to the extent that Pennsylvania
implements these provisions consistent with the SOAP funding provisions
of SMCRA section 507(c)(1)(D) and the implementing regulations at 30
CFR 795.9(b)(4). The Director is not approving the incorporation of
these references into subsections 86.81(a)(2)(iv)(A), (B) and (C) to
the extent that the proposed subsections would authorize the
expenditure of Pennsylvania SOAP funds under the subsections listed
above for services that are not fundable under section 507(c)(1)(D) of
SMCRA or 30 CFR 795.9(b)(4).
Finally, PADEP added subsection (b) which provides that the
applicant is responsible for costs exceeding the amount of funds
allocated for the services to the applicant. This requirement was moved
from 25 PA Code 86.94(c). While there is no direct federal counterpart
to subsection (b), the Director finds this proposal is consistent with
the federal requirements at 30 CFR 795.11(b) regarding allocation of
funds and approves this change.
C. 25 PA Code 86.82, Responsibilities
This subsection removes language that states the Department will
review requests for assistance and determine qualified operators. This
change does not significantly impact the Department's procedures and
does not diminish the duties of the program administrator as required
in 30 CFR Secs. 795.8 and 795.9 since the authority by the Department
to approve or deny an application for assistance is still provided for
in 25 PA Code 86.85. Accordingly, the Director finds that the deletion
does not render the Pennsylvania program less effective than the
federal program and therefore approves this change.
D. 25 PA Code 86.83, Eligibility for Assistance
The previous language of this section read that an applicant is
eligible for assistance if the probable total and attributed production
from the applicant's operations during the 12-month period immediately
following the date on which the applicant is issued the mining
activities permit will not exceed 300,000 tons. Subsection 25 PA Code
86.83(a)(2) now reads, ``establishes that the probable total attributed
annual production from all locations on which the applicant is issued
the mining activities permit will not exceed 300,000 tons.'' PADEP
included the phrase ``all locations'' in this subsection to make clear
the extent of operations to be included in the tonnage requirements.
A second change was made to this subsection to address a program
amendment required by OSM in the 1995 SOAP approval (60 FR 16790). The
required regulatory program amendment at 30 CFR 938.16(ooo) required
Pennsylvania to amend 25 PA Code 86.83(a)(2) to provide that the
applicant must establish that the operator's probable total attributed
annual production following permit issuance will remain under 300,000
tons for all years, not just the first year. The current proposed
amendment removed the phrase, ``the applicant's operations during the
12-month period immediately following the date.'' This removal makes it
clear that the 300,000 ton limit as required by the federal regulations
now applies in Pennsylvania for all years following permit issuance.
The Director finds that the changes are no less effective than the
federal requirements of 30 CFR 795.6(a)(2) and can be approved. The
required regulatory program amendment at 30 CFR 938.16 (ooo) is removed
and reserved.
The final change to 25 PA Code 86.83 is the addition of subsection
(c) which states, ``For the purpose of this subchapter, measurement of
coal production will be based on the production reported to the Office
of Surface Mining Reclamation and Enforcement for the purpose of the
reclamation fee payment.'' This section was formerly located in 25 PA
Code 86.95 which was previously approved by OSM. There were no
substantive changes in the language. Therefore, the Director finds that
this section is no less effective than the federal regulations and
approves the change.
E. 25 PA Code 86.84, Applications for Assistance
Pennsylvania proposed to delete subsection (a) which provides,
``Persons wishing to receive assistance shall file a Small Operator
Assistance Program application with the Department at any time after
initiation of the program.'' Former subsection (b) is now designated as
subsection (a).
Subsection (b)(2)(iii) which required applicants for SOAP benefits
to submit a surface mining operator's license as part of the
application was also deleted. The requirement to submit information
regarding a mine operator's license was added as subsection (a)(7).
This subsection requires the mine operator's license number to be
submitted as part of the application.
The final change to this subsection was made to former subsection
(c) which is now designated as subsection (b). Previously, this
subsection required two copies of the application for assistance to be
submitted, one of which was to be attested by a notary public or
district justice. The subsection now reads, ``The application shall be
attested by a notary public or district justice.''
There are no specific federal counterparts to the deleted language.
The deletions do not render the Pennsylvania program less effective
than the federal requirements and therefore are approved.
F. 25 PA Code 86.85, Application approval and notice
This section was amended by adding subsection (a)(3) which requires
PADEP to provide the applicant a copy of the contract or other
appropriate work order for the qualified consultant's services and the
consultants' report within 15 Days of the Department's final approval.
Subsection (c) was added which requires the Department to inform the
applicant in writing of a decision to deny the application with 45 days
of receipt of an application for assistance. The regulations require
the Department to state the reason for the denial.
The federal rules at 30 CFR 795.8 require written notification to
the applicant when the program administrator finds the applicant either
eligible or ineligible for assistance. They do not specify how many
days before a decision must be made on the application for assistance.
The Director finds 45 days is a reasonable time period and finds that
these subsections are no less effective than the federal regulations at
30 CFR 795.8 (a) and (b) and can be approved.
Subsection (b) was modified to make it clear that granting of
assistance under the SOAP program does not imply that the Department
will approve a subsequent permit action. While there is no federal
counterpart to this requirement, the Director finds that this change is
not inconsistent with SMCRA and the federal regulations.
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G. 25 PA Code 86.86, Notice
This provision is being deleted in its entirety. The provisions
requiring the Department to notify the applicant of decisions regarding
the application are now found in 25 PA Code 86.85(a) and (c).
The Director finds that this proposed deletion does not render the
Pennsylvania program less effective than the federal program and
approves the deletion.
H. 25 PA Code 86.87, Determination of data requirements
Subsection (a) was rewritten by moving a phrase to clarify the
section. No language was deleted or added. This section provides that
the Department will determine the data collection requirements to meet
the objectives of the program. Development of information on
environmental resources, operation plans and reclamation plans may
proceed concurrently with data collection and analyses required for the
determination of the probable hydrologic consequences of the proposed
mining activities if specifically authorized by the Department in an
approved work order.
While there is no direct counterpart in the federal regulations,
the Director finds the provision is consistent with the SOAP provision
at 30 CFR 795.9(c) which allow data collection and analysis to proceed
concurrently with the development of mining and reclamation plans and
approves the change.
I. 25 PA Code 86.91, Definitions and Responsibilities
This provision is being deleted in its entirety. This section
contained the definitions for the terms ``qualified consultant'' and
``qualified laboratory.'' These definitions are found in the newly
created section 25 PA Code 86.80.
Subsection (b) contained the procedures people who desired to be
included in the list of qualified consultants or qualified laboratories
must follow. These requirements are now found at newly created 25 PA
Code 86.92(c).
Finally, subsection (c) which required the Department to designate
and maintain a list of qualified consultant and qualified laboratories
is eliminated. There is no federal requirement that a list of qualified
consultants or laboratories be maintained by Pennsylvania. Pursuant to
25 PA Code 86.92, Pennsylvania still determines which laboratories or
consultants can provide services under the SOAP program.
The Director finds that the moving of subsections (a) and (b) and
the deletion of subsection (c) does not render the Pennsylvania program
less effective than the federal regulations and approves the changes.
J. 25 PA Code 86.92, Basic Qualifications
As stated in the discussion regarding 25 PA Code 86.91 above,
subsection (c) was added to define the procedures people must follow to
be included in PADEP's list of qualified consultants or qualified
laboratories.
This requirement was formerly found at 25 PA Code 86.91(b) which
was previously approved by OSM. There were no substantive changes in
the language of the requirement. Therefore, the Director finds that
this section is no less effective than the federal regulations and
approves the change.
K. 25 PA Code 86.94, Applicant Liability
Subsection (a) describes the circumstances under which an operator
will be liable for reimbursing the cost of services performed. One of
those circumstances as found in Subsection (a)(3) was changed from
failing to mine within three years after obtaining a permit to failure
to commence mining within three years after obtaining a permit.
The federal regulation at 30 CFR 795.12 does not specify what stage
of mining an operator must be in before he or she is liable for
reimbursement to the SOAP program. Pursuant to 30 CFR 773.19(e) and 25
PA Code 86.40(b), a permit is terminated for failing to start mining
within three years of permit issuance. Accordingly, it is a reasonable
interpretation that the SOAP program should be reimbursed for any funds
distributed to that terminated permit. Thus, the Director finds that
this subsection is consistent with the federal regulations at 30 CFR
795.12 and can be approved.
Subsection (c) was deleted and moved to 25 PA Code 86.81(b). This
subsection provided that the applicant was responsible for costs
exceeding the amount of funds allocated for the services to the
applicant. The Director finds that moving this subsection does not
render the Pennsylvania program less effective than the federal
regulations and therefore approves the change.
L. 86.95, Measurement
This section was deleted in its entirety. The requirement to use
coal production as reported to the Office of Surface Mining Reclamation
and Enforcement for fee payment purposes also for eligibility for
participating in SOAP was moved to 86.83(c). The Director finds that
deletion of this subsection does not render the Pennsylvania program
less effective than the federal requirements and is approved.
IV. Summary and Disposition of Comments
Federal Agency Comments
Pursuant to 503(b) of SMCRA and 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) commented that the word ``either'' after the phrase ``in
accordance with'' found at 86.81(a)(2)(iii) should be deleted. The
Director agrees that this typographical error should be deleted but its
inclusion does not render the program less effective nor does it cause
confusion. MSHA also commented that the agency reference at
86.84(a)(3)(ii) to ``Mining Enforcement and Safety Administration''
should be replaced with the ``Mine Safety and Health Administration.''
The Director agrees that this is an incorrect reference. However,
subsection 86.84(a)(3)(ii) is outside the scope of the amendment since
it was not amended by the proposed submission. Pennsylvania should
correct this reference in future amendments.
Public Comments
A public comment period and opportunity to request a public hearing
was announced in the November 29, 1999, Federal Register (64 FR 66598).
The comment period closed on December 29, 1999. No one requested an
opportunity to testify at a public hearing, so no hearing was held.
The only written comments received were from the Pennsylvania
Historical and Museum Commission. The Commission stated that it will
continue to assist operators qualifying under the SOAP program to
identify impacts to cultural resources within the proposed project
areas.
The proposed amendment does not modify this relationship and
therefore the Commission had no substantive comments about the
amendment.
Environmental Protection Agency
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to
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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.).
On November 16, 1999, OSM solicited EPA's concurrence and comments
on the proposed amendment (Administrative Record No. PA-864.03). EPA
responded on November 29, 1999, (Administrative Record No. PA 846.05)
by stating it had no specific comments.
V. Director's Decision
Based on the findings above the Director is approving, except as
noted below, Pennsylvania's SOAP amendment as submitted by Pennsylvania
on November 8, 1999.
As noted in section III. B. above, the Director is approving
incorporation of the reference to Sec. 89.34 at 86.81(a)(2)(iii)(C) and
86.81(a)(2)(iv)(C) concerning fundable program services to the extent
that Pennsylvania implements this provision consistent with the SOAP
funding provisions of SMCRA section 507(c)(1)(A) and the implementing
regulations at 30 CFR 795.9(b)(1). The Director is not approving the
incorporation of this references into subsections 86.81(a)(2)(iii)(C)
and 86.81(a)(2)(iv)(C) to the extent that the proposed subsections
would authorize the expenditure of Pennsylvania SOAP funds under the
subsections listed above for services that are not fundable under
section 507(c)(1)(A) of SMCRA or 30 CFR 795.9(b)(1).
Also noted in III. B. above there are several regulatory citations
in the 1995 SOAP approval that OSM felt were beyond the scope of
services authorized by 30 CFR 795 that still remain in this amendment
including: 25 PA Code Secs. 87.41, 87.42(1), 88.21, and 88.22(1). These
requirements are not referenced in federal regulations as being
authorized for payment under the SOAP program. The Director is
approving subsections 86.81(a)(2)(iii)(A) and (B) to the extent that
Pennsylvania implements these provisions consistent with the SOAP
funding provisions of SMCRA section 507(c) and the implementing
regulations at 30 CFR 795.9(b). The Director is not approving proposed
subsections 86.81(a)(2)(iii)(A) and (B) to the extent that the proposed
subsections would authorize the expenditure of Pennsylvania SOAP funds
under the subsections listed above for services that are not fundable
under section 507(c)(1) of SMCRA or 30 CFR 795.9(b).
Finally, also discussed in III. B. above, OSM noted in the 1995
SOAP amendment approval that the permitting requirements at 25 PA Code
87.77, 88.56 and 89.38 are not authorized for SOAP funding to the
extent that they apply to public parks. The references to public parks
remain in subsections 86.81(a)(2)(iv)(A), (B) and (C). The Director is
approving the reference of Secs. 87.77, 88.56 and 89.38 into
subsections 86.81(a)(2)(iv)(A), (B) and (C) to the extent that
Pennsylvania implements these provisions consistent with the SOAP
funding provisions of SMCRA section 507(c)(1)(D) and the implementing
regulations at 30 CFR 795.9(b)(4). The Director is not approving the
incorporation of these references into subsections 86.81(a)(2)(iv)(A),
(B) and (C) to the extent that the proposed subsections would authorize
the expenditure of Pennsylvania SOAP funds under the subsections listed
above for services that are not fundable under section 507(c)(1)(D) of
SMCRA or 30 CFR 795.9(b)(4).
The Federal regulations at 30 CFR 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.
Effect of Director's Decision
Section 503 of SMCRA provides that a State may not exercise
jurisdiction under SMCRA unless the State program is approved by the
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of
an approved State program be submitted to OSM for review as a program
amendment. Thus, any changes to the State program are not enforceable
until approved by OSM. The federal regulations at 30 CFR 732.17(g)
prohibit any unilateral changes to approved State programs. In
oversight of the Pennsylvania program, the Director will recognize only
the statutes, regulations and other materials approved by OSM, together
with any consistent implementing policies, directives and other
materials, and will require the enforcement by Pennsylvania of only
such provisions.
VI. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget [*19820] (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
[[Page 15558]]
impact, the Department relied upon the date 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.
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.
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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Date of final
Original amendment submission date publication Citation/description
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November 8, 1999..................... March 23, 2000......... 25 PA Code Secs. 86.80, 86.81, 86.82, 86.83,
86.84, 86.85, 86.86 (deleted), 86.87, 86.91
(deleted), 86.92, 86.94, 86.95 (deleted). Note:
The incorporation of the reference to Sec.
89.34 at 86.81(a)(2)(iii)(C) and
86.81(a)(2)(iv)(C) is approved to the extent
that Pennsylvania implements this provision
consistent with the SOAP funding provisions of
SMCRA section 507(c)(1)(A) and the implementing
regulations at 30 CFR 795.9(b)(1). The
incorporation of this reference into
subsections 86.81(a)(2)(iii)(C) and
86.81(a)(2)(iv)(C) is not approved to the
extent that the proposed subsections would
authorized the expenditure of Pennsylvania SOAP
funds under the subsections listed above for
services that are not fundable under section
507(c)(1)(A) of SMCRA or 30 CFR 795.9(b)(1).
25 PA Code 86.81(a)(2)(iii) is approved to the
extent that the SOAP funds are not used to fund
the activities required under 25 PA Code Secs.
87.41 and 87.42(1) or Secs. 88.21 and
88.22(1).
The reference of Secs. 87.77, 88.56 and 89.38
(regarding archaeological and historic
information) into subsections
86.81(a)(2)(iv)(A), (B) and (C) is approved to
the extent that Pennsylvania implements these
provisions consistent with the SOAP funding
provisions of SMCRA section 507(c)(1)(D) and
the implementing regulations at 30 CFR
795.9(b)(4). The incorporation of these
references (regarding public parks) into
subsections 86.81(a)(2)(iv)(A), (B) and (C) is
not approved to the extent that the proposed
subsections would authorized the expenditure of
Pennsylvania SOAP funds under the subsections
listed above for services that are not fundable
under section 507(c)(1)(D) of SMCRA or 30 CFR
795.9(b)(4).
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Sec. 938.16 [Amended]
3. Section 938.16 is amended by removing and reserving paragraph
(000).
[FR Doc. 00-7207 Filed 3-22-00; 8:45 am]
BILLING CODE 4310-05-P