Rule2025-11907
Pennsylvania Regulatory Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 27, 2025
Effective
July 28, 2025
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Pennsylvania regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment proposes to revise the Pennsylvania program to comply with four required amendments and to correct a provision we previously disapproved. The proposed amendment also includes revisions to Pennsylvania's program, including effluent limitations for bituminous underground coal mines, temporary cessation, the definition of Surface Mining Activities, civil penalties, and administrative requirements, as well as other administrative updates and non-substantive corrections.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 122 (Friday, June 27, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 122 (Friday, June 27, 2025)]
[Rules and Regulations]
[Pages 27459-27467]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11907]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[SATS No. PA-172-FOR; Docket ID: OSM-2020-0001; S1D1S SS08011000
SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Pennsylvania regulatory
program under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). The amendment proposes to revise the Pennsylvania
program to comply with four required amendments and to correct a
provision we previously disapproved. The proposed amendment also
includes revisions to Pennsylvania's program, including effluent
limitations for bituminous underground coal mines, temporary cessation,
the definition of Surface Mining Activities, civil penalties, and
administrative requirements, as well as other administrative updates
and non-substantive corrections.
DATES: Effective July 28, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas J. Koptchak, Field Office
Director, Pittsburgh Field Office, Office of Surface Mining Reclamation
and Enforcement, 3 Parkway Center, Pittsburgh, PA 15220; Telephone:
(202) 513-7685; Fax: (412) 937-2177; Email: <a href="/cdn-cgi/l/email-protection#7b0f10140b0f18131a103b140816091e551c140d"><span class="__cf_email__" data-cfemail="780c1317080c1b10191338170b150a1d561f170e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews
I. Background on the Pennsylvania Program
Section 503(a) of 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 approved State program includes, among other things, State laws and
regulations that govern surface coal mining and reclamation operations
in accordance with the Act and consistent with the Federal regulations.
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 conditions of approval of the Pennsylvania
program in the July 30, 1982, Federal Register (47 FR 33050). You can
also find later actions concerning the Pennsylvania program and program
amendments at 30 CFR 938.11, 938.12, 938.13, 938.15 and 938.16.
II. Submission of the Amendment
By letter dated March 16, 2020, (Administrative Record No. PA
906.00), Pennsylvania sent us an amendment to its program under SMCRA
(30 U.S.C. 1201 et seq.). This proposed amendment addressed four
separate required program amendments codified at 30 CFR 938.16(m), (n),
(o), and (mmm), and addresses the term ``augmented seeding.'' In 1983,
we disapproved a prior attempted amendment of this term, as reflected
in 30 CFR 938.12(d). The submission also includes numerous other
revisions to the Pennsylvania program.
We announced receipt of the proposed amendment in the December 17,
2020, Federal Register (85 FR 81864). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not receive
any public comments related to the amendment, and we did not hold a
public hearing or meeting because it was not requested. The public
comment period ended January 19, 2021.
III. OSMRE's Findings
After reviewing the proposed amendment, SMCRA, and the Federal
regulations, including 30 CFR 938.12, 938.16, 730.5, 732.15, and
732.17, we are approving the amendment as described below. Any
revisions that we do not specifically discuss below concerning non-
substantive wording, editorial changes, or renumbering of citations are
approved here without discussion.
1. Required Amendment at 30 CFR 938.16(m) (relating to Special
Terms and Conditions for Collateral Bonds).
This required amendment concerns the valuation of collateral bonds.
On December 22, 1989, Pennsylvania submitted several proposed
amendments that included a proposed restructuring of 25 Pa. Code
86.158. See 56 FR 24687, 24693 (May 31, 1991). At that time,
Pennsylvania proposed to add
[[Page 27460]]
new subsection 25 Pa. Code 86.158(b)(1) to provide a procedure for
determining the value of government securities that were pledged as
collateral bonds. The corresponding Federal regulations at 30 CFR
800.21(a)(2) contain a similar provision but specify that the
regulatory authority ``shall'' value all collateral at its current
market value. We disapproved the proposed Pennsylvania rule because it
provided that the regulatory authority ``may'' determine the current
market value of securities for the purpose of establishing the value of
securities for bond deposit, which we interpreted to mean that the
valuation of securities for bond deposit was optional. We required that
Pennsylvania further amend 25 Pa. Code 86.158(b)(1) to mandate that the
value of all government securities pledged as collateral bond must be
determined using the current market value. See 56 FR at 24693. This was
codified at 30 CFR 938.16(m), which required Pennsylvania to amend 25
Pa. Code 86.158(b)(1) or otherwise amend its program by requiring that
the value of the government securities pledged as collateral bonds will
be determined by the current market value.
OSMRE Finding: In response to this required amendment, Pennsylvania
has amended 25 Pa. Code 86.158(b)(1) to provide a procedure for
determining the value of government securities pledged as collateral
bonds and further required that the regulatory authority ``will''
determine the current market value of securities pledged as collateral
bonds for the purpose of establishing the value of the securities for
bond deposit, as required by the Federal regulations at 30 CFR
800.21(a)(2). With this change from the use of optional to mandatory
language, we find that the amendment to 25 Pa. Code 86.158(b)(1)
satisfies the requirements of 30 CFR 800.21(a)(2), is consistent with
the Federal regulations, is in accordance with SMCRA, and can be
approved. Therefore, the provision in the Federal regulations at 30 CFR
938.16(m), which tells Pennsylvania to amend its rules or program to
require the value of all government securities pledged as collateral
bond to be determined using the current market value, can be removed
and the paragraph reserved.
2. Required Amendment at 30 CFR 938.16(n) (relating to Special
Terms and Conditions for Collateral Bonds).
As part of the proposed restructuring of 25 Pa. Code 86.158,
Pennsylvania previously proposed to add new subsection 25 Pa. Code
86.158(b)(2), which required the current market value of collateral
bonds pledging negotiable securities to be at least equal to the amount
of the required bond amount. See 56 FR at 24693. The counterpart
Federal regulation at 30 CFR 800.21(e)(1) stipulates that the
``estimated bond value of all collateral bonds shall be subject to a
margin which is the ratio of bond value to market value, as determined
by the regulatory authority.'' 30 CFR 800.21(e)(1) also requires that
the calculation of the margin take into consideration legal and
liquidation fees, as well as value depreciation, marketability, and
fluctuations that might affect the net cash available to the regulatory
authority to complete reclamation.
While similar, the prior proposed version of 25 Pa. Code
86.158(b)(2) did not consider those factors that may affect the overall
value of the posted collateral. As a result, the cash value of a
security could be reduced to below the bond value. We approved the
prior revision, except to the extent that the value of the collateral
bond could equal the overall bond value without taking into
consideration the effects of depreciation, marketability, and other
factors on the amount of cash available from the bond. See 56 FR at
24693. We also required Pennsylvania to further amend its provisions
related to valuation of collateral bonds to require that the estimated
bond value of all collateral include consideration of the bond value as
opposed to the market value, legal and liquidation fees, value
depreciation, marketability, and other fluctuations that might affect
the net cash available to the regulatory authority in case of
forfeiture. This requirement was codified at 30 CFR 938.16(n).
OSMRE Finding: The Federal counterpart regulation, 30 CFR
800.21(e)(1), provides that the estimated bond value of all collateral
bonds will be subject to a margin which is the ratio of bond value to
market value, as determined by the regulatory authority. Moreover, the
Federal regulation requires that the calculation of the margin take
into consideration legal and liquidation fees, as well as value
depreciation, marketability and fluctuation, which may diminish the
action amount of cash available to the regulatory authority to complete
reclamation. In response to the required amendment, Pennsylvania has
amended 25 Pa. Code 86.158(b)(2) to require that the current market
value, less any legal and liquidation costs, is at least equal to the
amount of the required bond amount. We find that the amendment to 25
Pa. Code 86.158(b)(2) satisfies the requirements of 30 CFR
800.21(e)(2), is consistent with the Federal regulations, is in
accordance with SMCRA, and can be approved. Therefore, the required
program amendment codified in the Federal regulations at 30 CFR
938.16(n) can be removed and reserved.
3. Required Amendment at 30 CFR 938.16(o) (relating to Special
Terms and Conditions for Collateral Bonds).
This required amendment concerns the revaluation of securities to
be conducted during the permit renewal process in assurance that the
bond value of all collateral bonds is adequate to satisfy the bond
amount requirements for the facility. As part of the proposed
restructuring of 25 Pa. Code 86.158, Pennsylvania previously proposed
to add a new subsection at 25 Pa. Code 86.158(b)(3), which allowed the
regulatory authority to periodically revalue negotiable government
securities and, if necessary, to require additional amounts if the
current market value is less than the required bond amount. See 56 FR
at 24693.
The counterpart Federal regulations at 30 CFR 800.21(e)(2) contain
similar provisions for periodical evaluation of the bond value of
collateral, but the Federal regulations also stipulate that bonds must
be evaluated as part of the regulatory authority's review of a permit
renewal application. The Federal regulations at 30 CFR 800.21(e)(2)
apply to all collateral bonds and not just those pledging negotiable
government securities as contained in the State's rules for collateral
bonds under 25 Pa. Code 86.158. We previously found Pennsylvania's
proposed revisions to 25 Pa. Code 86.158(b)(3) were no less effective
than the cited Federal rules, except to the extent that Pennsylvania
law did not require that the bond value of all collateral bonds be
evaluated, at a minimum, as part of the permit renewal process. See 56
FR at 24693. In addition, we required Pennsylvania to further amend its
rules to ensure that the bond value of all collateral bonds be
evaluated during the permit renewal process to ensure that collateral
bonds are sufficient to satisfy the bond amount requirements. This
requirement was codified at 30 CFR 938.16(o).
OSMRE Finding: In response to this required amendment, Pennsylvania
has amended its current rule. In addition to the existing provision at
25 Pa. Code 86.158(b)(3), which allows the Pennsylvania Department of
Environmental Protection (PADEP) to periodically revalue the securities
and require additional amounts if the current market value is
insufficient to satisfy the bond amount requirements, Pennsylvania has
proposed to add: ``[a]t a minimum, the Department shall require any
necessary additional
[[Page 27461]]
amounts with each permit renewal.'' As amended, 25 Pa. Code
86.158(b)(3) now matches the requirement that this review must occur at
least at the time of permit renewal, as required by the Federal
regulations at 30 CFR 800.21(e)(2). Accordingly, we find that the
amendment to 25 Pa. Code 86.158(b)(3) satisfies the requirements of 30
CFR 800.21(e)(2), is no less stringent than the Federal regulations, is
consistent with SMCRA, and can be approved. Therefore, the required
program amendment codified in the Federal regulations at 30 CFR
938.16(o) can be removed and reserved.
4. Required Amendment at 30 CFR 938.16(mmm) (relating to Haul
Roads).
This required amendment concerns the revision of the definition of
``haul roads'' and the clarification of the areas of inclusion. The
requirement amendment codified at 30 CFR 938.16(mmm) required
Pennsylvania to amend 25 Pa. Code 88.1 or otherwise amend its program
by requiring the definition of ``haul roads'' to be expanded.
Pennsylvania had previously proposed to revise the definition of
``haul roads'' as it appears in the definitions section pertaining to
anthracite region mining at 25 Pa. Code 88.1. See 58 FR 18149, 18156
(April 8, 1993). The proposed definition of ``haul roads'' included
roads that are reconstructed or improved as part of the mining
activity. However, we found that Pennsylvania's definition for ``haul
roads'' was less effective than the Federal definition of ``road'' at
30 CFR 701.5, which establishes that haul roads include all roads
(including public roads) that are used as an integral part of the coal
mining operation and are comprised of the entire area within the right-
of-way. See 58 FR at 18156.
OSMRE Finding: In response to this required amendment, Pennsylvania
has amended 25 Pa. Code 88.1 in two places. First, it adds a sentence
to the end of the definition for haul road reading ``[t]he term
includes public roads that are used as an integral part of the coal
mining activity.'' Second, Pennsylvania has rewritten the definition of
road to read: ``[a] surface right-of-way for purposes of travel by land
vehicles used in coal exploration of surface coal mining and
reclamation operations. A road consists of the entire area within the
right-of-way, including the roadbed shoulders, parking and side area,
approaches, structures, ditches, surface and such contiguous appendages
as are necessary for the total structure. The term includes access and
haul roads constructed, used, reconstructed, improved or maintained for
use in coal exploration or surface coal mining activities, including
use by coal-hauling vehicles leading to transfer, processing or storage
areas.''
The proposed amended definitions for ``Haul road'' and ``Road'' at
25 Pa. Code 88.1 provide the changes that we required in April 8, 1993
(58 FR 18156). Accordingly, we find that the amendment to 25 Pa. Code
88.1 satisfies the requirements of 30 CFR 938.16(mmm), is no less
stringent than the Federal regulations, is consistent with SMCRA, and
can be approved. Therefore, the required program amendment codified in
the Federal regulations at 30 CFR 938.16(mmm) can be removed and
reserved.
5. 25 Pa. Code 86.151(d)--Augmented Seeding (relating to the Bond
Liability Period).
As part of a prior amendment submission, Pennsylvania proposed to
revise 25 Pa. Code 86.151(d) to add the following language:
``[a]ugmented seeding, fertilization, irrigation and repair of rill and
gullies performed at levels or degrees of management which exceed those
normally applied in maintaining use or productivity of comparable
unmined land in die surrounding area, would necessitate extending the
period of liability.''
The amendment was intended to clarify the extent to which approved
husbandry practices may occur without extending the bond liability
period. See 58 FR at 18154. We previously found that, while this
language was similar to the Federal regulations at 30 CFR 816,
817.116(c)(4), those Federal regulations specifically exclude
``augmented'' seeding, fertilization, or irrigation from those
selective husbandry practices that may be performed without extending
the period of responsibility for revegetation success and bond
liability. Although the intent of the prior proposed revision may have
been to develop a rule that was no less effective than 30 CFR 816,
817.116(c)(4), the inclusion of ``augmented seeding'' caused the
proposed language at 25 Pa. Code 86.151(d) to be less stringent than
section 515(b)(20) of SMCRA (30 U.S.C. 1265(b)(20)), which prohibits
all augmentative seeding, fertilization, irrigation or other work
without restarting the liability period. Therefore, we did not approve
the amendment's inclusion of the word ``augmented'' as proposed in the
revised language of section 25 Pa. Code 86.151(d). See 58 FR 18149,
18154 (April 8, 1993).
OSMRE Finding: In its new proposal, Pennsylvania has amended 25 Pa.
Code 86.151(d) to delete the term ``augmented'' in the last sentence,
in accordance with 30 CFR 938.12(d). Accordingly, we find that the
amendment to 25 Pa. Code 86.151(d) satisfies the requirements of 30 CFR
938.12(d), is consistent with the Federal regulations, is in accordance
with SMCRA, and can be approved. Therefore, the non-approval of this
provision that is codified in the Federal regulations at 30 CFR
938.12(d) can be removed and the paragraph reserved.
6. 25 Pa. Code 89.52--Effluent Limitations for Bituminous
Underground Mines (relating to Water Quality Standards, Effluent
Limitation, and Best Management Practices).
Pennsylvania currently lists effluent limitations for bituminous
underground mines at 25 Pa. Code 89.52 (relating to water quality
standards, effluent limitations, and best management practices). 25 Pa.
Code 89.52(f)(2) includes alternative effluent limitations for
underground mine discharges that can be adequately treated using
passive treatment technology. However, the Federal effluent limit
guidelines at 40 CFR part 434 (relating to coal mining point source
category best practicable control technology currently available (BPT)
limitations, best available technology economically achievable (BAT)
limitations, best conventional pollutant control technology (BCT)
limitations, and new source performance standards (NSPS)) do not
provide alternative limits for passive treatment systems applicable to
underground mines.
Sections 515(b)(10) and 516(b)(9) of SMCRA (30 U.S.C. 1265(b)(10),
30 U.S.C. 1266(b)(9)), and the Federal regulations at 30 CFR 816.41 and
817.41 (Hydrologic-balance protection for surface mining and
underground mining respectively), require that surface coal mining and
reclamation operations must be conducted to minimize disturbance to the
prevailing hydrologic balance and to the quantity and quality of water
in surface water and groundwater systems, both during and after mining
and during reclamation. When water treatment is unavoidable, the
regulations at 30 CFR 816.42 and 817.42 specify that discharges must be
made in compliance with applicable State and Federal water quality
laws, regulations, and effluent limitations. These effluent limits and
water quality standards include all applicable State and Federal water
quality laws and regulations, including the effluent limitation
guidelines and standards for coal mining as promulgated by EPA and set
forth in 40 CFR part 434.
OSMRE regulations once included effluent limitation guidelines and
standards for surface coal mining and reclamation operations, but these
[[Page 27462]]
standards were removed on October 22, 1982, and replaced with a
reference to EPA's effluent limitation standards at 30 CFR 816.42 and
817.42. See 47 FR 47216, 47217 (Oct. 22, 1982); 48 FR 44006, 44008
(Sept. 26, 1983). This was done to eliminate unnecessary duplication
and confusion between EPA's and OSMRE's standards and establish EPA as
the responsible Federal agency for developing effluent limitation
guidelines and standards as they relate to coal mining activities. See
85 FR 71251, 71255 (Nov. 9, 2020). Pursuant to its authority under the
Clean Water Act (CWA) (33 U.S.C. 1251 et seq.), EPA promulgated
effluent limitation guidelines and standards for various industrial
categories. Coal mining industry requirements are found at 30 CFR part
434, which is split into various subparts, including subparts B., Coal
Preparation Plants and Coal Preparation Associated Area, C., Acid or
Ferruginous Mine Drainage, D., Alkaline Mine Drainage, E., Post-Mining
Areas, and F., Miscellaneous Provisions. None of the effluent limit
guidelines and standards provide alternative effluent limits for an
underground mine discharge that can be adequately treated using a
passive treatment system.
OSMRE Finding: Pennsylvania has proposed to revise 25 Pa. Code
89.52 to remove the alternative effluent limits for underground mine
passive treatment systems that appeared at the end of 25 Pa. Code
89.52(f)(2)-(3). As a result, the more stringent Group A effluent
requirements at 25 Pa. Code 89.52(c) continue to apply in the event of
a postmining pollutional discharge, even if the discharge can be
adequately treated by a passive treatment system. This was apparently
done to comply with the Federal effluent limit guidelines at 40 CFR
part 434, which do not provide alternative limits for passive treatment
systems applicable to underground mines. Because the deletion does not
cause the Pennsylvania program to become less effective than the
Federal regulations and is in accordance with SMCRA, we approve of the
proposed changes to 25 Pa. Code 89.52.
7. 25 Pa. Code 87.157, 88.131, and 88.219--Temporary Cessation.
Pennsylvania has proposed revisions to 25 Pa. Code 87.157, 88.131,
and 88.219 relating to temporary cessation of operations of bituminous
surface mines. Pennsylvania's rules previously specified a 90-day limit
on the amount of time that an operation can be in temporary cessation
status, which could be extended to 180 days by PADEP. Pennsylvania has
proposed to delete these limits at 25 Pa. Code 87.157, 88.131, and
88.219 to match the lack of such limits in the Federal regulations at
30 CFR 816.131(b). Pennsylvania has also proposed to amend these
subsections to include provisions triggering information requirements
from operators when temporary status ends due to reactivation or
termination through the permittee's failure to comply with the law,
regulations, or the permit. The proposal also includes the requirement
for the permittee to submit timely renewal applications when
applicable.
The Federal regulations addressing temporary cessation at 30 CFR
816.131 state that, before temporary cessation of mining and
reclamation operations for a period of thirty days or more, or as soon
as it is known that a temporary cessation will extend beyond 30 days,
the operator must submit to the regulator a notice of intention to
cease or abandon mining and reclamation operations. This notice must
include a statement of the exact number of acres that will have been
affected in the permit area prior to such temporary cessation, the
extent and kind of reclamation of those areas that will have been
accomplished, and identification of the backfilling, regrading,
revegetation, environmental monitoring, and water treatment activities
that will continue during the temporary cessation.
OSMRE Finding: Pennsylvania's proposed, amended versions of 25 Pa.
Code 87.157, 88.131, and 88.219 comply with the Federal temporary
cessation notice requirements at 30 CFR 816.131(b). The proposed
deletion of the prior 90-day and 180-day limits for temporary cessation
matches the Federal regulations, which do not provide any specific
duration limit for temporary cessation. The proposed language for 25
Pa. Code 87.157, 88.131, and 88.219 also provides the requirements at
30 CFR 816.131(a) that the operator secure surface facilities in areas
in temporary cessation status and that temporary abandonment will not
relieve a person of their obligation to comply with any provisions of
the approved permit.
Pennsylvania has proposed to add additional protective provisions
not required by the Federal regulations at 30 CFR 816.131, including
the requirement for submission of certain information following on
resumption of coal extraction, that temporary cessation status will
terminate on a finding of failure to comply with Pennsylvania mining
laws or the approved permit, and that temporary cessation does not
relieve the operator of the obligation to submit an application for
permit renewal at least 180 days before the expiration of the existing
permit.
We find that Pennsylvania's proposed changes are in accordance with
SMCRA and no less effective than the Federal regulations. We find that
that Pennsylvania's removal of the 90-day and 180-day upper time limits
for temporary cessation status at 25 Pa. Code 87.157, 88.131, and
88.219 are no less stringent than 30 CFR 816.131, which contains no
such limits. Therefore, we approve the changes.
8. 25 Pa. Code 86.1 and 87.1--Definition of Surface Mining
Activities.
Pennsylvania has proposed to replace the prior definition for
``surface mining activities'' as it appeared at 25 Pa. Code 86.1 and
87.1. The prior definition included a lengthy description of surface
mining activities, which included certain enumerated activities
incident to the extraction of coal. This definition has been the
subject of review and comment about whether one or other activity
incident to coal extraction fell within the definition. See, e.g.,
Amerikohl Mining Inc. v. OSMRE, 191 IBLA 11 (August 30, 2017) (finding
that under certain circumstances, timbering on permit area amounted to
surface mining activities).
Rather than continuously amending the definition of ``surface
mining activities'' as the law develops, Pennsylvania has proposed to
adopt the definition for ``surface coal mining activities'' as it
appears in the Federal regulations at 30 CFR 701.5. The Federal
regulations at 30 CFR 701.5 define ``surface mining activities'' as
``those surface coal mining and reclamation operations incident to the
extraction of coal from the earth by removing the materials over a coal
seam, before recovering the coal, by auger coal mining, or by recovery
of coal from a deposit that is not in its original geologic location.''
OSMRE Finding: We find that Pennsylvania's deletion of the
definition of ``surface mining activities'' at Pa. Code sections 86.1
and 87.1, and replacement with the Federal definition at 30 CFR 701.5,
is consistent with the Federal regulations and is in accordance with
SMCRA. Therefore, we are approving Pennsylvania's proposed changes to
the definition of Surface Mining Activities in 25 Pa. Code 86.1 and
87.1.
9. 25 Pa. Code 86.193(b) and (c) (relating to Civil Penalties).
Pennsylvania has proposed to revise its civil penalty requirements
at 25 Pa. Code 86.193(b) and (c). Currently, these regulations require
PADEP to assess a civil penalty if the penalty is calculated at $1,100
or more but provides that
[[Page 27463]]
PADEP ``may'' assess a penalty if calculated below $1,100. Pennsylvania
has proposed to strike the $1,100 threshold in both subsections and
replace them with a threshold set at 31 assessed points, as it appears
at 30 CFR 723.12(b)-(c).
30 CFR 723.12(b) requires that a penalty must be assessed for each
notice of violation if the violation is assigned 31 points or more
under the point system described in 30 CFR 723.13. 30 CFR 723.12(c)
allows that a penalty may be assessed for each notice of violation
assigned 30 points or less under the point system described in 30 CFR
723.13. In determining whether to assess a penalty, the assessor will
consider the factors listed in 723.13(b).
OSMRE Finding: We note that Pennsylvania has drafted these changes
in reference to the Federal regulations at 30 CFR Chapter VII,
Subchapter B, which provides initial regulatory program regulations
required by section 502 of SMCRA (30 U.S.C. 1252). The initial
regulatory program regulations are effective until permanent programs
are approved in accordance with sections 503, 504, or 523 of SMCRA, at
which point 30 CFR Chapter VII, Subchapter L applies. 30 CFR 840.1.
Because the Secretary of the Interior conditionally approved the
Pennsylvania program effective July 31, 1982, the reference to the
interim regulatory program regulation at 30 CFR 723.12 should be
corrected to comparable permanent regulatory program regulation at 30
CFR 845.12; likewise, the reference to the table in the interim
regulatory program regulations at 30 CFR 723.14 should be corrected to
comparable table at 30 CFR 845.14 of the permanent program regulations.
However, the civil penalty regulations at 30 CFR 723.12 and 723.14
are substantively identical to those that appear at 30 CFR 845.12 and
845.14, and both have been updated at the same time. As such, even
though Pennsylvania's proposed rules continue to reference the interim
program regulations, these regulations are no less stringent than the
correct permanent program regulations appearing at 30 CFR part 845.
Because the two sections are substantively identical, this error does
not make the Pennsylvania law less effective than the Federal
regulations or inconsistent with SMCRA. However, we recommend that
Pennsylvania correct these references in the future to avoid the
possibility that the referenced portions of Part 723 and Part 845
become substantively distinct via future amendments.
Given that the proposed changes to 25 Pa. Code 86.193(b) and (c) do
not include deletion of the reference to 25 Pa. Code 86.194, which
specifies its own schedule and criteria for penalties without reference
to a points schedule, it appears that Pennsylvania only wishes to set
the threshold for a mandatory penalty assessment at the Federal rate
rather than require penalty assessors in Pennsylvania assess the actual
penalty with the schedule provided at 30 CFR 723.14. Under the current
Federal penalty schedule, this change would effectively more than
triple Pennsylvania's $1,100 mandatory penalty assessment threshold, as
the current schedule at 30 CFR 723.14 sets the dollar amount owed for
31 points at $4,499. See 89 FR 23910 (Apr. 5, 2024). However, this
would not make the Pennsylvania program less stringent than the Federal
regulations, because it would match the Federal threshold for a
mandatory penalty assessment. PADEP retains the ability to cite
penalties below this threshold at its discretion as provided by 25 Pa.
Code 86.193(c) and 30 CFR 723.12(c).
Because the proposed amendments to Pennsylvania's penalty
assessment threshold at 25 Pa. Code 86.193(b) and (c) are in accordance
with SMCRA and consistent with those set in the Federal regulations at
30 CFR 723.12, 723.14, 845.12, and 845.14, we approve the proposed
changes.
10. Remining Financial Guarantees to Insure Reclamation--General.
A. 25 Pa Code 86.281
Pennsylvania is proposing revisions to their remining financial
guarantees provisions at 25 Pa. Code 86.281. These largely provide
PADEP with more discretion to apply this incentive on a broader,
program-wide basis, rather than applying amounts provided for
reclamation costs on a per-permit basis.
25 Pa. Code 86.281 through 86.284 were added by Pennsylvania as
part of an effort to provide incentives for active coal mine operators
to conduct remining and reclamation of abandoned mine lands and bond
forfeiture sites by assisting the operators in meeting their obligation
to bond these activities. These regulations established a Remining
Financial Assurance Fund to financially assure bonding obligations for
an operator engaged in remining, providing the requirements for an
operator's participation, the limits of use of the fund, and the
procedures to be followed in the event of bond forfeiture. Under this
incentives program, PADEP reserves a portion of the financial
guarantees special account in the Remining Financial Assurance Fund as
collateral for reclamation obligations on the remining area. We
previously found that this remining incentive was consistent with the
provisions of SMCRA, and that the basic Pennsylvania program
requirement to secure a bond for surface and underground coal mining
operations had not been altered by this incentive. See 70 FR 25472,
25480 (May 13, 2005).
At 25 Pa. Code 86.281(b), Pennsylvania has proposed to require that
the amount of an individual remining financial guarantee will be the
estimated cost for PADEP to reclaim the remining area, subject to the
limitations established at 25 Pa. Code 86.281(d). Pennsylvania has
proposed to remove, at 25 Pa. Code 86.281(c), the requirement that
PADEP designate a specified amount of the financial guarantees special
account in the Remining Financial Assurance Fund to financially assure
reclamation obligations on the permits with an approved remining area.
Previously, this subsection was tied to each individual permit and
fixed the specific amount designated at the estimated cost for PADEP to
reclaim the remining area. This change is meant to allow PADEP to have
flexibility to assign amounts at the program level rather than the
individual permit level. Pennsylvania has also proposed to add
references at 25 Pa. Code 86.281(d) identifying the designated amount
when describing the permit limit, the operator limit, and the program
limit of the special account. Finally, Pennsylvania proposes to add 25
Pa. Code 86.281(f) to describe a reserve for the account which provides
funds to pay for costs incurred when the financial guarantee program is
used for land reclamation.
OSMRE Finding: As we have previously noted, the remining financial
guarantee incentive is not inconsistent with SMCRA or the Federal
regulations. See 70 FR at 25480. These minor changes appear to ensure
the stability of the program. The basic Pennsylvania program
requirement to secure a bond for surface and underground coal mining
operations has not been altered by these incentives. We find that,
collectively, Pennsylvania's proposed revisions to 25 Pa. Code
86.281(b), (c), (d), and (f) ensure that the remining financial
guarantee program for remining continues to operate in a manner that
ensures solvency of the program and provides Pennsylvania with the
monies that would be required if the remining bond was forfeited and
the State has to reclaim the site. Because these revisions are in
accordance with SMCRA and consistent with the Federal regulations, we
approve the proposed changes to 25 Pa. Code 86.281.
[[Page 27464]]
B. 25 Pa. Code 86.282(a)(4)
25 Pa. Code 86.282 provides requirements for operators who wish to
participate in the remining financial guarantees program, providing
four subsections containing prerequisites for participation. One of
these prerequisites, at 25 Pa. Code 86.282(a)(4), allows a qualified
operator to participate in the fund when they have previously
participated in the remining financial guarantee program, met its
reclamation obligations, and made timely payments.
Pennsylvania has proposed to add to the end of the subsection a
provision requiring that an operator will be eligible under this
subsection if it has not been cited through a notice of violation under
25 Pa Code 86.165(a) (relating to failure to maintain proper bond)
within the previous three years prior to the request for a remining
financial guarantee. This is clearly meant as an effort to not
permanently exclude involvement of an operator who once had a missing
or late payment, after a sufficient time has passed.
OSMRE Finding: As above, we find that the basic Pennsylvania
program requirement to secure a bond for surface and underground coal
mining operations has not been altered by this incentive. We find that
Pennsylvania's requirements in 25 Pa. Code 86.282(a)(4) stating the
limitations of participation of operators who have missed and/or late
payments and describing the time frame of said violations as a method
of risk management are in accordance with SMCRA and consistent with the
Federal regulations. Accordingly, we are approving additional
participation requirement and limitation at 25 Pa. Code 282(a)(4).
C. 25 Pa. Code 86.284(d) (Relating to Forfeiture)
Pennsylvania has proposed revisions to 25 Pa. Code 86.284(d), which
describes the consequences when a remining financial guarantee program
participant's bond is forfeited. 25 Pa. Code 86.254(d) requires that on
bond forfeiture of a financial guarantees program participant, PADEP
will discontinue the program immediately and publish a notice in the
Pennsylvania Bulletin if 25% or greater of the total outstanding
financial guarantees are declared forfeit. Pennsylvania has proposed to
remove the mandatory discontinuation of the program, providing that the
program ``may'' be discontinued immediately, and to change the phrase
``declared forfeit'' to ``subject to forfeiture.'' Pennsylvania states
that this revision is meant to prevent the confusion that has resulted
from a difference between 25 Pa. Code 86.284(d) and Section 4.12 of
tthe Pennsylvania Surface Mining Conservation and Reclamation Act
(``PASMCRA'') (52 P.S. 1396.4l), which authorizes PADEP to establish
the financial guarantees program.
OSMRE Finding: The proposed amendment would standardize the use of
``may'' at 25 Pa. Code 86.254(d) to match the wording that appears at
52 P.S. 1396.4l(d). As above, we find that the basic Pennsylvania
program requirement to secure a bond for surface and underground coal
mining operations has not been altered by this incentive. We find that
Pennsylvania's proposed revisions are in accordance with SMCRA and
consistent with the Federal regulations. Therefore, we are approving
the changes to 25 Pa. Code 86.24(d).
11. 25 Pa. Code 90.201--Coal Refuse Disposal Site Selections.
25 Pa. Code 90.201 provides definitions applicable to 25 Pa. Code
Chapter 90 (Coal Refuse Disposal). The existing definition for
``preferred site'' included various types of watersheds impacted by
mining, unreclaimed coal refuse disposal piles, or other unreclaimed
areas previously affected by mining activities. Pennsylvania has
proposed to add to the end of this list ``or an area adjacent to or an
expansion of an existing coal refuse disposal site.''
Section 4.1(a) of Pennsylvania's Coal Refuse Disposal Control Act
(CRDCA) (52 P.S. 30.54a(a)) provides site selection criteria for
determining where to place coal refuse following mining activities. The
CRDCA provided that areas that have been previously affected by mining
activities within a specific area of the source mine are preferred for
coal refuse disposal unless the applicant demonstrates that another
site is more suitable based on site-specific conditions. Pennsylvania
provided a definition of ``preferred sites'' at Section 4.1(a), 52 P.S.
30.54a(a) of the CRDCA that includes ``an area adjacent to or an
expansion of an existing coal refuse disposal site.''
OSMRE Finding: We have previously approved several categories of
``preferred sites'' in 52 P.S. 30.54a(a) because there was no direct
Federal counterpart to the proposed State language. See 63 FR 19802,
19806-09 (Apr. 22, 1998). We further noted that the establishment of
criteria to be used for selecting sites for coal refuse disposal is not
itself inconsistent with the intent of SMCRA. The Federal regulations
do not include specific criteria for establishing coal refuse disposal
areas. Allowing refuse disposal on areas adjacent to or an expansion of
an existing coal refuse disposal site, provided that all other
environmental and safety requirements are met, is not inconsistent with
section 102(d) of SMCRA, 30 U.S.C. 1202(d), which requires surface coal
mining operations to be conducted so as to protect the environment.
That same rationale applies to our approval of the addition of the
sixth category of a preferred site, an ``area adjacent to or an
expansion of an existing coal refuse disposal site'' at 52 P.S.
30.54a(a). See 80 FR 63125, 63127 (October 19, 2015). Pennsylvania's
proposed amendment would add this sixth category of preferred site to
25 Pa. Code 90.201.
We find that the proposed revision to 25 Pa. Code 90.201 reflects
the statutory language that we previously approved on October 19, 2015.
While there are no direct Federal counterparts to the proposed site
selection criterion, by providing this criterion, and by prohibiting,
generally, coal refuse disposal operations on non-preferred sites,
Pennsylvania imposes a more stringent environmental control of coal
refuse disposal operations than is provided in either SMCRA or its
implementing regulations. Moreover, Pennsylvania will continue to apply
the Pennsylvania counterparts to the Federal permitting and performance
standard requirements. Because the revised regulation is in accordance
with SMCRA and consistent with the Federal regulations, we are
approving the revision.
12. 25 Pa. Code 86.31--Public Notices of Filing of Permit
Applications.
Pennsylvania has proposed to revise 25 Pa. Code 86.31 relating to
public notices of filing of permit applications. Previously, 25 Pa.
Code 86.31(c)(1) required notification by registered mail to the
municipality where mining is proposed.
The Federal requirement at 30 CFR 773.6(a)(3) (relating to public
participation in permit processing) requires that the regulatory
authority will issue a written notification indicating the applicant's
intention to mine the described tract of land, the application number
or other identifier, the location where the copy of the application may
be inspected, and the location where comments on the application may be
submitted.
OSMRE Finding: While the Federal regulations require written notice
to government agencies, the regulations do not specify the means by
which written notice is given. We find that because there is no
requirement of notification by registered mail in the Federal
regulations, the revised regulation is in
[[Page 27465]]
accordance with SMCRA and consistent with the Federal regulations.
Accordingly, we are approving the proposed change.
13. 25 Pa. Code 87.103, 88.93, 88.188, 88.293, 89.53, and 90.103
(relating to Storm Events).
Pennsylvania has proposed revisions to 25 Pa. Code 87.103, 88.93,
88.188, 88.293, and 89.53, each containing a table of data representing
the amount of precipitation for a 10-year, 24-hour storm event on a
county-by-county basis. 25 Pa. Code 90.103 includes tables of similar
data representing the 1-year and 10-year rainfall events.
Pennsylvania's submission letter states that the tables were created
using climatological data available in the early 1980s, at which time
data was available for only a limited number of stations in each
county.
Pennsylvania's submission makes it clear that it seeks to replace
these data tables with data from the Precipitation Frequency Data
Server (PFDS) developed by the National Oceanic and Atmospheric
Administration (NOAA), which provides data from NOAA Atlas 14. NOAA
Atlas 14 contains precipitation frequency estimates for the United
States and U.S. affiliated territories with associated lower and upper
bounds of the 90% confidence interval and supplementary information on
temporal distribution of heavy precipitation, and analysis of
seasonality and trends in annual maximum series data. Pennsylvania's
incorporation of these data is meant to bring the storm event tables up
to date.
OSMRE Finding: The Federal regulations at 40 CFR 434.11(n) define
the terms ``1-year, 2-year, and 10-year, 24-hour precipitation events''
as ``the maximum 24-hour precipitation event with a probable recurrence
interval of once in one, two, and ten years respectively as defined by
the National Weather Service and Technical Paper No. 40, `Rainfall
Frequency Atlas of the U.S.,' May 1961, or equivalent regional or
rainfall probability information developed therefrom.'' We find that
the proposed changes to 25 Pa. Code 87.103, 88.93, 88.188, 88.293,
89.53, and 90.103, replacing the tables ``reference to data provided by
the National Oceanic and Atmospheric Administration or equivalent
resources,'' complies with the Federal regulations, which allow
standards for such events to be set via ``equivalent regional or
rainfall probability information.'' Because the proposed revisions are
in accordance with SMCRA and consistent with the Federal regulations,
we are approving the proposed revisions.
14. 25 Pa. Code 87.102, 88.92, 88.187, 88.292 (relating to
Hydrologic Balance: Effluent Standards); 89.52 (relating to Water
Quality Standards, Effluent Limitations, and Best Management
Practices); and 90.102 (relating to Hydrologic Balance: Water Quality
Standards, Effluent Limitation and Best Management Practices).
Pennsylvania has proposed to amend 25 Pa. Code 87.102, 88.92,
88.187, 88.292, 89.52, and 90.102 to incorporate a reference to the
Environmental Quality Board's Chapter 96, which became effective
November 18, 2000 (30 Pa.B 6059). Chapter 96 establishes the process
for attaining and maintaining water quality standards and cross-
references in each of the identified sections.
OSMRE Finding: 25 Pa. Code 87.102(f), 88.92(f), 88.187(f),
88.292(f), 89.52(h), and 90.102(f) provide a list of chapters of the
Pennsylvania Administrative Code with which the foregoing regulated
activity must comply. Pennsylvania seeks to add Chapter 96 to these
lists. Because the proposed revisions are in accordance with SMCRA and
consistent with the Federal regulations, we are approving the proposed
revisions.
15. 25. Pa. Code 86.54 and 87.100 (relating to Coal Ash and
Biosolids).
Pennsylvania has proposed to replace the use of the term ``fly
ash'' with ``coal ash,'' and the term ``sewage sludge'' with
``biosolids or residential septage'' as those terms appear in 25 Pa.
Code 86.54(1)(iii) and 87.100(d) respectively.
OSMRE Finding: ``Fly ash'' is already included, along with other
materials, in the definition of ``Coal Ash'' at 25 Pa. Code 287.1.
While ``sewage sludge'' is also defined at 25 Pa. Code 287.1, there are
no mentions of ``biosolids'' or ``residential septage.''
Neither SMCRA nor the Federal regulations promulgated pursuant to
the Act define these terms. Accordingly, we find that Pennsylvania's
replacement of the terms ``fly ash'' and ``sewage sludge'' with ``coal
ash'' and ``biosolids'' is consistent with the Federal regulations and
in accordance with SMCRA. Therefore, we are approving the changes.
16. 25 Pa. Code 86.162(a) (relating to the Anthracite Mine
Operator's Emergency Bond Fund).
Pennsylvania has proposed to amend 25 Pa. Code 86.162 to delete the
word ``deep'' from section 86.162(a) as clarification that other sorts
of mine operations, in addition to deep mines, are eligible for
participation in the Anthracite Mine Operators Emergency Bond Fund. In
1992, PASMCRA section 4.7 (52 P.S. 1396.4g) was revised to allow
anthracite surface mining operators to participate. This proposed
amendment is meant to bring Pennsylvania regulations into conformity
with 52 P.S. 1396.4g.
OSMRE Finding: PASMCRA Section 4.7 (52 P.S. 1396.4g) provides for
the anthracite mine operators emergency bond fund. We have previously
approved modifications to this section that allowed anthracite surface
mine operators to participate in the emergency bond fund. See 70 FR at
25476. We previously found that the emergency bond fund is not an
alternative bonding system; it is an adjunct to the conventional
bonding system for anthracite mining operations. Because no permit may
be issued without adequate bonds being posted, allowing operators other
than ``deep mine'' operators to use the fund would not make 25 Pa. Code
86.162 inconsistent with section 509 of SMCRA. Accordingly, we find
that Pennsylvania's proposed amendment is consistent with the Federal
regulations and in accordance with SMCRA, and we approve the changes.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment and received one
comment, but that comment was completely unrelated to the subject
matter of this amendment.
Federal Agency Comments
On March 18, 2020, under 30 CFR 732.17(h)(11)(i) and section 503(b)
of SMCRA, we requested comments on the amendment from various Federal
agencies with an actual or potential interest in the Pennsylvania
program. We did not receive any comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued 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 March 18, 2020, under 30 CFR 732.17(h)(11)(i),
we requested comments and concurrence from the EPA on the amendment
(Administrative Record No. PA 906.01). On July 13, 2023, we received
concurrence of the approval of the amendment from EPA. EPA further
commented that the revisions do not alter the Clean Water Act.
[[Page 27466]]
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On March 18, 2020, we requested comments on Pennsylvania
amendment. Neither the SHPO nor ACHP responded to our request.
V. OSMRE's Decision
Based on the above findings, we are approving Pennsylvania's
program amendment sent to us on March 16, 2020 (Administrative Record
No. PA 906.00). To implement this decision, we are amending the Federal
regulations at 30 CFR part 938, that codify decisions concerning the
Pennsylvania program. In accordance with the Administrative Procedure
Act, this rule will take effect 30 days after the date of publication.
VI. Statutory and Executive Order Reviews
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule would not cause a taking of private property or otherwise
have taking implications that would result in public property being
taken for government use without just compensation under the law.
Therefore, a takings implication assessment is not required. This
determination is based on an analysis of the corresponding Federal
regulations.
Executive Order 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993 (OMB Memo M-94-3), the approval of State program amendments is
exempted from OMB review under Executive Order 12866. Executive Order
13563, which reaffirms and supplements Executive Order 12866, retains
this exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by section 3 of Executive Order 12988. The Department has determined
that this Federal Register document meets the criteria of section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and proposed regulations to eliminate drafting
errors and ambiguity; that the agency write its legislation and
regulations to minimize litigation; and that the agency's legislation
and regulations provide a clear legal standard for affected conduct
rather than a general standard, and promote simplification and burden
reduction. Because section 3 focuses on the quality of Federal
legislation and regulations, the Department limited its review under
this Executive Order to the quality of this Federal Register document
and to changes to the Federal regulations. The review under this
Executive Order did not extend to the language of the State regulatory
program or to the program amendment that the Commonwealth of
Pennsylvania drafted.
Executive Order 13132--Federalism
This rule has potential Federalism implications, as defined under
section 1(a) of Executive Order 13132. Executive Order 13132 directs
agencies to ``grant the States the maximum administrative discretion
possible'' with respect to Federal statutes and regulations
administered by the States. Pennsylvania, through its approved
regulatory program, implements and administers SMCRA and its
implementing regulations at the State level. This rule approves an
amendment to the Pennsylvania program submitted and drafted by the
State, and thus is consistent with the direction to provide maximum
administrative discretion to States.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175 and have determined that it has no substantial
direct effects on the distribution of power and responsibilities
between the Federal government and Tribes. The basis for this
determination is that our decision on the Pennsylvania program does not
include Indian lands as defined by SMCRA or other Tribal lands, and it
does not affect the regulation of activities on Indian lands or other
Tribal lands. Indian lands under SMCRA are regulated independently
under the applicable Federal Indian lands program. The Department's
consultation policy also acknowledges that our rules may have Tribal
implications where the State proposing the amendment encompasses
ancestral lands in areas with mineable coal. We are currently working
to identify and engage appropriate Tribal stakeholders to devise a
constructive approach for consulting on these amendments.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rulemaking 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
significant energy action under the definition in Executive Order
13211, a Statement of Energy Effects is not required.
National Environmental Policy Act
Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C.
1251(a) and 1292(d), respectively) and the U.S. Department of the
Interior Departmental Manual, part 516, section 13.5(A), State program
amendments are not 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 include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required.
Regulatory Flexibility Act
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. In making the determination as to
whether this rule would have a significant economic impact, the
Department relied
[[Page 27467]]
upon the data and assumptions for the corresponding Federal
regulations.
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; and (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 on an analysis of the
corresponding Federal regulations, which were determined not to
constitute a major rule.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This determination
is based on an analysis of the corresponding Federal regulations, which
were determined not to impose an unfunded mandate. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Ben Owens,
Acting Regional Director, North Atlantic--Appalachian Region.
For the reasons set out in the preamble, 30 CFR part 938 is amended
as set forth below:
PART 938--Pennsylvania
0
1. The authority citation for part 938 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 938.12 [Amended]
0
2. Section 938.12 is amended by removing and reserving paragraph (d).
0
3. Amend Sec. 938.15 in the table by adding an entry in chronological
order by ``Date of final publication'' for ``March 16, 2020'' to read
as follows:
Sec. 938.15 Approval of Pennsylvania regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
March 16, 2020.......................... June 27, 2025.............. 25 Pa. Code 86.1 (amending definition of
``surface mining activities''); 25 Pa.
Code 86.31(c)(1)(removing registered
mail requirement); 25 Pa. Code
86.62(a)(3) (removing date of issuance
requirement); and 25 Pa. Code 86.238
(updating OSMRE form number); 25 Pa.
Code 86.151(d); 25 Pa. Code 86.158(b)-
(b)(3); 25 Pa. Code 86.193(b)-(c)
(incorporating Federal penalty schedule
for mandatory assessment threshold); 25
Pa. Code 86.281(b), (c), (d), and (f)
(changing various provisions of the
remining financial guarantee incentive
program); 25 Pa. Code 87.1 (amending
definition of ``surface mining
activities''); 25 Pa. Code 87.103,
88.93, 88.188, 88.293, and 89.53
(replacing storm event tables with NOAA
data); 25 Pa. Code 87.157; 25 Pa. Code
88.1 (amending of definition for ``haul
roads''); 25 Pa. Code 88.131; 25 Pa.
Code 88.219; and 25 Pa. Code 89.52(f)
(deleting of portion of subsection (f),
eliminating the alternative effluent
limits for passive treatment systems for
underground mines).
Minor changes and citation corrections:
52 P.S. 305.54a; 25 Pa. Code 86-90; 25
Pa. Code 86.51; 25 Pa. Code 86.54; 25
Pa. Code 86.84; 25 Pa. Code 86.162a; 25
Pa. Code 86.189(b)(4); 25 Pa. Code
86.232; 25 Pa. Code 86.282(a)(4); 25 Pa.
Code 86.284(d); 25 Pa. Code 87.100(d);
25 Pa. Code 87.102; 25 Pa. Code 88.1; 25
Pa. Code 88.92; 25 Pa. Code 88.187; 25
Pa. Code 88.190(b)-(g); 25 Pa. Code
88.292; 25 Pa. Code 88.295(b)-(i); 25
Pa. Code 88.502; 25 Pa. Code 88.507(c);
25 Pa. Code 88.508; 25 Pa. Code 89.52;
25 Pa. Code 90.102; and 25 Pa. Code
90.308.
----------------------------------------------------------------------------------------------------------------
Sec. 938.16 [Amended]
0
4. Section 938.16 is amended by removing and reserving paragraphs (m),
(n), (o) and (mmm).
[FR Doc. 2025-11907 Filed 6-26-25; 8:45 am]
BILLING CODE 4310-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 27, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.