[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Rules and Regulations]
[Pages 42750-42753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20445]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-133-FOR]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is announcing the approval of a proposed amendment to the
Pennsylvania regulatory program (Pennsylvania program) under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
amendment references Pennsylvania's anthracite coal mining regulations
when describing conditions for meeting Stage 2 bond release where prime
farmlands were present prior to mining. The amendment is intended to
satisfy the conditions of the required regulatory program amendment at
30 CFR 938.16(p) and make the Pennsylvania program consistent with the
corresponding federal regulations.
EFFECTIVE DATE: August 15, 2001.
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FOR FURTHER INFORMATION CONTACT: Mr. Robert Biggi, Director Harrisburg
Field Office, Office of Surface Mining Reclamation and Enforcement,
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
Section 503(a) of the Surface Mining Control and Reclamation Act
(the Act) permits a State to assume primacy for the regulation of
surface coal mining and reclamation operations on non-Federal and non-
Indian lands within its borders by demonstrating that its State program
includes, among other things, ``a State law which provides for the
regulation of surface coal mining and reclamation operations in
accordance with the requirements of the Act * * *'' and ``rules and
regulations consistent with regulations issued by the Secretary''
pursuant to the Act. See 30 U.S.C. 1253(a)(1) and (7). On the basis of
these criteria, the Secretary of the Interior conditionally approved
the Pennsylvania program on July 30, 1982. You can find background
information on the Pennsylvania program, including the Secretary's
findings, the disposition of comments, and the conditions of the
approval in the July 30, 1982, Federal Register (47 FR 33050).
Subsequent actions concerning the conditions of approval and regulatory
program amendments are codified at 30 CFR 938.11, 938.12, 938.15 and
938.16.
II. Submission of the Amendment
By letter dated January 3, 2001 (Administrative Record Number PA-
875.00), the Pennsylvania Department of Environmental Protection
(PADEP) submitted an amendment to its approved permanent regulatory
program pursuant to the Federal regulations at 30 CFR 732.17(b).
Pennsylvania included a cross reference dealing with prime farmlands to
satisfy a required regulatory program amendment at 30 CFR 938.16(p) to
make the Pennsylvania program consistent with the corresponding Federal
regulations. The proposed rulemaking was published in the March 5, 2001
Federal Register (66 FR 13277). The public comment period closed on
April 4, 2001. No member of the general public provided comments. No
one requested an opportunity to speak at a public hearing, so no
hearing was 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
amendments to the Pennsylvania permanent regulatory program.
Section 86.174(b)(3) Standards for Release of Bonds
PADEP is amending this subsection to include a reference to Chapter
88, Anthracite Coal. This subsection deals with the standards for Stage
2 bond release if prime farmlands are present and refers to reclamation
plans for the various categories of coal mining. The previous version
of this regulation contained references to Chapter 87, which relates to
bituminous coal surface mining, Chapter 89, which relates to
underground mining of bituminous coal and coal preparation facilities
and Chapter 90, which relates to coal refuse disposal. This version did
not contain a reference to Chapter 88, which relates to anthracite coal
mining. This oversight was corrected when the regulations on post
mining discharges, licensing and bonding became final, vol. 27,
Pennsylvania Bulletin, no. 46, Page 6041, November 15, 1997. Subsection
86.174(b)(3), Page 6054, now states, in part, ``* * * under the
reclamation plan approved in Chapters 87-90.'' The Director finds the
proposed revision satisfies the required amendment codified in the
Federal regulations at 30 CFR 938.16(p), and is therefore removing that
required amendment.
IV. Summary and Disposition of Comments
Federal Agency Comments
On March 5, 2001, we asked for comments from various Federal
agencies that may have an interest in the Pennsylvania amendment
(Administrative Record Number 875.01.) We solicited comments in
accordance with section 503(b) of SMCRA and 30 CFR 732.17(h)(11)(i) of
the Federal regulations.
In letters dated February 6 and 7, 2001, the Federal Mine Safety
and Health Administration responded that, while it does not regulate
bonding and reclamation of mined lands, the amendment appears adequate
to ensure restoration of prime farmlands to full productivity after
completion of mining. (Administrative Records Numbers PA-875.02 and PA
875.03.)
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(i) and (ii), OSM is required to
solicit comments from EPA on all amendments, and 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.). By letter dated
January 31, 2001, we requested comments and concurrence from EPA, on
the State's proposed amendment of January 3, 2001 (Administrative
Record Number PA-875.00). EPA in its April 11, 2001, response letter
(Administrative Record Number PA-875.05) stated that the proposed
amendment complies with the Clean Water Act.
Public Comments
No comments were received in response to our request for public
comments.
V. Director's Decision
Based on the findings above we are approving the amendment to the
Pennsylvania program.
The Federal regulations at 30 CFR part 938, codifying decisions
concerning the Pennsylvania program, are being amended to implement
this decision. We find that good cause exists under 5 U.S.C. 553(d)(3)
to make this final rule effective immediately. Section 503(a) of SMCRA
requires that the state's program demonstrates that the state has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this regulation effective immediately will expedite
that process. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart federal regulation.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the federal and state governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the
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purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that state
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that state programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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.
Executive Order 13211--Regulations That Significantly Affect The
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed state regulatory program provision does not
constitute a major federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget 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
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 regulation.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
This determination is based upon the fact that the state submittal
which is the subject of this rule is based upon counterpart federal
regulations for which an analysis was prepared and a determination made
that the federal regulation was not considered a major rule.
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 18, 2001.
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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Original amendment submission date Date of final publication Citation/description
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* * * * * *
*
January 3, 2001......................... August 15, 2001............ 25 Pa. Code 86.174.
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3. Section 938.16 is amended by removing and reserving paragraph
(p).
[FR Doc. 01-20445 Filed 8-14-01; 8:45 am]
BILLING CODE 4310-05-P