Jump to main content.

Pennsylvania Regulatory Program

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 

[Federal Register: January 7, 2003 (Volume 68, Number 4)]
[Proposed Rules]
[Page 721-723]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja03-7]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 721]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-139-FOR]

 
Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing the proposed removal of a required amendment to 
the Pennsylvania regulatory program (the ``Pennsylvania program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or 
the Act). OSM is proposing to remove the required amendment because the 
Federal regulation upon which the required amendment is based no longer 
exists. This document gives the times and locations that the 
Pennsylvania program is available for your inspection, the comment 
period during which you may submit written comments on the amendment, 
and the procedures that we will follow for the public hearing, if one 
is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
e.s.t. on February 6, 2003. If requested, we will hold a public hearing 
on the amendment on February 3, 2003. We will accept requests to speak 
at a hearing until 4 p.m., e.s.t. on January 22, 2003.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to George Rieger at the address listed 
below.
    You may review copies of the Pennsylvania program, this amendment, 
a listing of any scheduled public hearings, and all written comments 
received in response to this document at the addresses listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the amendment by contacting 
OSM's Harrisburg Field Office.

Mr. George Rieger, Director, Harrisburg Field Office, Office of Surface 
Mining Reclamation and Enforcement, Transportation Center, Third Floor, 
Suite 3C, 4th and Market Streets, Harrisburg, PA 17101, (717) 782-4036, 
grieger@osmre.gov.
J. Scott Roberts, Director, Bureau of Mining and Reclamation, 
Pennsylvania Department of Environmental Protection, Rachel Carson 
State Office Building, PO Box 8461, Harrisburg, PA 17105-8461, (717) 
787-5103.


FOR FURTHER INFORMATION CONTACT: George Rieger, Telephone: (717) 782-
4036 Internet: grieger@osmre.gov.

SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

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 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 conditions of approval of 
the Pennsylvania program in the July 30, 1982, Federal Register (47 FR 
33050). You can also find later actions concerning Pennsylvania's 
program and program amendments at 30 CFR 938.11, 938.12, 938.15, and 
938.16.

II. Description of the Proposed Amendment

    The regulations at 30 CFR 938.16(ss) require Pennsylvania to submit 
a change to its regulations under the ownership and control provisions 
concerning an applicant's eligibility for receiving a provisionally 
issued permit when outstanding violations are present. Specifically, it 
mandates that Pennsylvania amend 25 Pa. Code 86.37(a)(8) and (11) to 
require a permit applica

 
 

Local Navigation

Jump to main content.