Part 938, Pennsylvania
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Subchapter T Part 938, Pennsylvania |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 938 -- PENNSYLVANIA
Sec.
938.1 Scope
938.10 State regulatory program approval
938.11 Conditions of State regulatory program approval
938.12 [Reserved]
938.15 Approval of Pennsylvania regulatory program amendments
938.16 Required regulatory program amendments
938.20 Approval of Pennsylvania abandoned mine land reclamation plan
938.25 Approval of Pennsylvania abandoned mine land reclamation plan amendments
AUTHORITY: 30 U.S.C. 1201 et seq.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]
30 CFR Sec. 938.1 Scope.
This part contains all rules applicable only within Pennsylvania that have been adopted under the Surface Mining
Control and Reclamation Act of 1977.
[47 FR 33079, July 30, 1982]
30 CFR Sec. 938.10 State regulatory program approval.
The Pennsylvania state program as submitted on February 29, 1980, as amended on June 9, 1980, as resubmitted
on January 25, 1982, and amended on April 9, 1982, and May 5, 1982, is conditionally approved, effective on July
31, 1982. Beginning on that date, the Department of Environmental Resources shall be deemed the regulatory
authority in Pennsylvania for all surface coal mining and reclamation operations and for all exploration operations
on non-Federal and non-Indian lands. Only surface coal mining and reclamation operations on non-Federal and non-
Indian lands shall be subject to the provisions of the Pennsylvania permanent regulatory program. Copies of the
approved program, together with copies of the letter of the Department of Environmental Resources agreeing to the
conditions in 30 CFR 938.11 are available at the following locations:
(a) Pennsylvania Department of Environmental Resources, Market Street State Office Building, 400 Market
Street, P.O. Box 2063, Harrisburg, Pennsylvania 17101-2063; Telephone: (717) 787-4686.
(b) Office of Surface Mining Reclamation and Enforcement, Third Floor, suite 3C, Harrisburg Transportation
Center, 4th and Market Streets, Harrisburg, Pennsylvania 17101; Telephone: (717) 782-4036.
[47 FR 33079, July 30, 1982, as amended at 54 FR 29706, July 14, 1989; 59 FR 17930, Apr. 15, 1994]
30 CFR Sec. 938.11 Conditions of State regulatory program approval.
The approval of the Pennsylvania state program is subject to the Commonwealth revising its program to correct
the deficiences listed in this section. The program revisions may be made, as appropriate, to the statutes, the
regulations, the program narrative, or the Attorney General's opinion. This section indicates, for the general
guidance of the Commonwealth, the component of the program to which the Secretary recommends the change be
made.
(a)--(h) [Reserved]
(i) Termination of the approval found in Sec. 938.10 will be initiated on August 1, 1983, unless Pennsylvania
submits to the Secretary by that date, copies of enacted laws, or other program amendments providing for the award
of costs and expenses which amendments are no less effective than 30 CFR 840.15 and in accordance with section
525(e) of SMCRA.
[47 FR 33079, July 30, 1982, as amended at 48 FR 13417, Mar. 31, 1983; 48 FR 45391, Oct. 5, 1983; 49 FR
20492, May 15, 1984; 49 FR 27319, July 3, 1984; 51 FR 18321, May 19, 1986]
30 CFR Sec. 938.12 [Reserved]
30 CFR Sec. 938.15 Approval of Pennsylvania Regulatory program amendments.
The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the FEDERAL REGISTER and the State
citations or a brief description of each amendment. The amendments in this table are listed in order of the date of
final publication in the FEDERAL REGISTER.
________________________________________________________________________________
Original amendment Date of final Citation/description
submission date publication
April 26, 1983, Oct. 5, 1983 Bureau of Water Quality Management
May 12, 1983 Underground Mine/Coal preparation Plant Permit
Application Instructions; Bituminous Underground Mining
Operation Permit/Manual; Coal Refuse Disposal Permit
Application; Anthracite Coal Refuse Disposal Permit
Application; Anthracite Bank Removal and Reclamation
Permit Application; Anthracite Surface Mine Permit
Application; Anthracite Underground Mining Operation
Permit Application/Manual; Memorandum of
Understanding between the Pennsylvania Department of
Environmental Resources and the Pennsylvania Museum
and Historical Commission.
Aug. 1, 1983 Jan. 4, 1984 25 PA Code 89.143(2)(iii)(A) through (D), (4), .144(b)(3),
.145(a)(4), (b), (d), .146(e), .147(a).
Jan. 17, 1984 March 20, 1984 Pennsylvania policy statement: Citizen Complaint Procedures,
Department of Environmental Resources Inspection and
Enforcement Policy for Mining Operations, Civil Penalty
Program.
Oct. 31, 1983 May 15, 1984, 25 PA Code 86.5, .38(b), .112(b), .134( c), .211; 87.1,
July 3, 1984 .112( c)(1), (2), (d), (e), .144, .138, .175;
89.86(a)(1), .161, .162, .163; 90.1, .112( c), (d), (e);
addendum to the DER Inspection and Enforcement Policy
for Mining Operations.
March 30, 1984 Nov. 27, 1984 25 PA Code chapter 88, subchapters A through D, F.
March 2, 1984 April 4, 1985 Blaster training, examination and certification program,
as contained in 25 PA Code chapter 210, subchapter A.
April 19, 1985 Aug. 15, 1985 Blaster certification program.
April 18, 1985 Nov. 4, 1985 25 PA Code chapter 89, subchapter F on
subsidence control regulations.
Sept. 5, 1985 Feb. 19, 1986 Act 158 of 1984; 25 PA Code chapter 87, subchapter F;
chapter 88, subchapter G; letters from the Pennsylvania
Deputy General Counsel and the First Deputy Attorney
General to Rebecca W. Hanmer, Director, Office of Water
Enforcement Permits, U.S. EPA, dated July 8, 1985, and
Aug. 19, 1985, respectively.
Nov. 2, 1984 May 19, 1986 25 PA Code 86.37(a)(13), .171(e)(12), .172(d)(2)(iii); 88.1
definitions for "cropland," "historically used for cropland,"
"prime farmland," and "soil survey", .24(b)(4), .30(a), (1),
.31(a)(7), .32, .61, .129, .134(a), (e), .135( c)(1), (f)(2), (h),
.136(a), ( c), .137(18), (19), .217, .330,
.381(b)(2), ( c)(6),(8), (9), .491(i)(1), (13), (22),
(23), (j), (k), .492(m), .493(8).
Sept. 30, 1985 Sept. 8, 1986 Civil Penalty Program: Secs. I, II.2, II.4, II.8; Inspection and
Enforcement Policy: Secs. II.B.2.a.(4), (5), E, J.
April 18, 1985 June 18, 1987 25 PA Code 89.143(b).
Jan. 22, 1987 July 14, 1987 Sec. 4.2(F)(II): right-of-entry requirements.
April 14, 1987 Oct. 27, 1988 Secs. II.J of the Inspection and Enforcement Policy, II.2 of
the Civil Penalty Program, both concern alternative
enforcement actions for failure to abate violations.
Dec. 5, 1988 July 14, 1989 25 PA Code 86.1, .12; 88.1, .381; 89.5.
Aug. 17, 1988 Aug. 18, 1989 Civil Penalty Program, Sec. II (Assessment), paragraph 4;
Program Guidance Manual, Sec. 1:3:6 (Civil Penalty
Assessments) Part 1--Coal, paragraph 4.
Aug. 21, 1986 Nov. 3, 1989 PA Policy Statement entitled Reclamation in Lieu of Cash
Payment for Civil Penalties found in Department of
Environmental Resources Program Guidance Manual
at Sec. 1:3:9.
Dec. 22, 1989 May 31, 1991 25 PA Code 86.17(e), .83(a)(2), .112(b)(1),
.158(b)(1), (2), (3), .174(d)(1), .175(1), (2), (3),
.182(d); 87.73, .112(b)(1), (f), .125(a), .127(e)(2), (h),
.131(n), .135(a), .138; 88.24(b)(4), .492( c)(4);
89.34(a)(1), (2)(ii), .59(a)(1), (2), (3), .71(d), .82,
.101(a), (d), .172(b); 90.112(b)(1), (d), (f), .150.
Sept. 24, 1986 Oct. 24, 1991 25 PA Code 86.182, .186 through .190;
PA SMCRA Secs. 3.1, 4(a), (b), 18( c)(i), 18.8.
May 27, 1992 Oct. 28, 1992 25 PA Code 86.83, .94.
June 2, 1992 Nov. 16, 1992 25 PA Code 86.1; 88.1, .381; 89.5.
Dec. 18, 1991 Dec. 30, 1992, 25 PA Code 86.1, .36( c), .37(a), ( c), .41 .43, .44, .52( c)(4),
Jan. 14, 1993, .53, .55(d), .62, .63, .101, .102, .129, .132, .133,
April 8, 1993 .134(3)(ii)( C), (12), .136, .151(a), (d), (h), .163, .165,
.193(3), (f), .194, .195, .202, .212; 87.1, .11, .14, .21, .42(2),
.54(a)(9), (22), .77, .112( c), .151(d), .155, .160, .166;
88.1, .22(2), .31(a)(9), (22), .56, .115, .116, .381( c)(9),
.491(a)(1)(ii), (i)(7), .492(f); 89.5, .26, .38(a), (b), ( c),
.86, .90, .111( c); 90.1, .11(a)(3), .21(a)(9), (24), .40,
.112( c), .134, .140, .155(d), .159.
Feb. 18, 1993 July 6, 1993 25 PA Code 86.17.
March 9, 1993 Dec. 6, 1993 PA SMCRA Sec. 4(d) concerning financial instruments for
performance bonds.
May 11, 1993 July 20, 1994 25 PA Code 86.142, .159, .166.
Oct. 24, 1994 April 3, 1995 25 PA Code 86.81 through .89, .91 through .95.
Dec. 19, 1996 May 30, 1997 25 PA Code, Chapter 86, Subchapter D: 86.101; 86.102;
86.103; 86.121; 86.122; 86.123; 86.124; 86.125; 86.126;
86.127; 86.128; 86.129; 86.130.
Jan. 23, 1993 Nov. 7, 1997 Chapters 86 through 90.
Sept. 13, 1995 April 22, 1998 Pennsylvania law Act 1994-114 concerning the special
authorization for refuse disposal in areas previously affected
by mining which contain pollutional discharges:
Title and 1; 3; 3.2(b); 4.1; 6.1(h)(5), (i); 6.2; 6.3; 15.1.
Oct. 8, 1998 March 26, 1999 52 P.S. 1396.3, 1396.4h.
and June 8, 1999
Aug. 17, 1998 Feb. 2, 2000 Letter from Pennsylvania to OSM dated Aug. 17, 1998
(PA-837.80), except a decision on the required amendment
at 30 CFR 938.16(www) is deferred.
Nov. 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).
Nov. 30, 1999 June 26, 2000 25 Pa. Code 86.2, 86.37, 86.40, 86.64, 86.70,
86.132-86.134, 86.174, 87.1, 87.77, 87.93, 87.97,
87.101, 87.106, 87.126, 87.127, 87.138, 87.144,
87.146, 87.159, 87.160, 87.166, 87.173, 87.174,
87.176, 87.209, 88.1, 88.56, 88.83, 88.91, 88.96,
88.118, 88.133, 88.138, 88.144, 88.191, 88.221,
88.231, 88.237, 88.283, 88.291, 88.296, 88.334,
88.335, 88.341, 88.492, 88.509, 89.38, 89.65,
89.67, 89.82, 89.87, 89.88, 89.90, 90.1, 90.40, 90.93,
90.97, 90.101, 90.106, 90.134, 90.140, 90.147,
90.150, 90.166.
Nov. 2, 1999 Nov. 3, 2000 25 Pa. Code 86.1, 86.124, 86.152, 86.156, 86.160,
86.171, 86.182, 86.193, 86.194, 86.195, 86.201, and 86.202.
________________________________________________________________________________
[49 FR 45391, Nov. 5, 1983; 51 FR 6001, 7785, 18321, 31945, 1986; 52 FR 23173, 26302, 1987; 53 FR 43439,
1988; 54 FR 29706, 34169, 46386, 1989; 56 FR 24718, 55087, 1991; 57 FR 48736, 53996, 62228, 1992; 58 FR
4333, 18159, 1993; 58 FR 36141, July 6, 1993; 58 FR 64152, Dec. 6, 1993; 59 FR 36944, July 20, 1994; 60 FR
16793, Apr. 3, 1995; 62 FR 9932, 9952, Mar. 5, 1997; 62 FR 29294, 29296, May 30, 1997; 62 FR 60169, 60177,
Nov. 7, 1997; 63 FR 19802, 19820, Apr. 22, 1998; 64 FR 14610, 14619, Mar. 26, 1999; 64 FR 30387, 30388, June
8, 1999; 65 FR 4882, 4886, Feb. 2, 2000; 65 FR 15553, 15558, Mar. 23, 2000; 65 FR 39289, 39299, June 26, 2000;
65 FR 66170, 66173, Nov. 3, 2000]
[EFFECTIVE DATE NOTE: 65 FR 4882, 4886, Feb. 2, 2000, added an entry to the table, effective Mar. 3, 2000;
65 FR 15553, 15558, Mar. 23, 2000, added an entry to the table, effective Mar. 23, 2000; 65 FR 39289, 39299,
June 26, 2000, added an entry to the table, effective June 26, 2000; 65 FR 66170, 66173, Nov. 3, 2000, added an
entry to the table, effective Nov. 3, 2000.]
30 CFR Sec. 938.16 Required regulatory program amendments.
Pursuant to 30 CFR 732.17, Pennsylvania is required to submit the following proposed program amendments by
the dates specified.
(a)-(e) [Reserved]
(f) By August 24, 1987, Pennsylvania shall amend its regulations at 88.129(f)(1) and (2) and the corresponding
provisions under Chapter 88, Subchapters C, D, and F (88.217, 88.330 and 88.491) or otherwise amend its program
to be consistent with section 510(d) of SMCRA by requiring that the restoration of prime farmland soil productivity
shall be determined on the basis of measurement of crop yields.
(g) [Reserved]
(h) By November 1, 1991, Pennsylvania shall submit information, sufficient to demonstrate that the revenues
generated by the collection of the reclamation fee, as amended in Sec. 86.17(e), will assure that the Surface Mining
Conservation and Reclamation Fund can be operated in a manner that will meet the requirements of 30 CFR
800.11(e). Pennsylvania could provide such a demonstration through an actuarial study showing the Fund's
soundness or financial solvency. In addition, Pennsylvania shall clarify the procedures to be used for bonding the
surface impacts of underground mines and the procedures to reclaim underground mining permits where the
operator has defaulted on the obligation to reclaim.
(i)-(l) [Reserved]
(m) By November 1, 1991, Pennsylvania shall amend its rules at Sec. 86.158(b)(1) or otherwise amend its
program to be no less effective than 30 CFR 800.21(a)(2) by requiring that the value of all government securities
pledged as collateral bond shall be determined using the current market value.
(n) By November 1, 1991, Pennsylvania shall amend Sec. 86.158(b)(2) or otherwise amend its program to be no
less effective than 30 CFR 800.21(e)(1) by requiring that the provisions related to valuation of collateral bonds be
amended to be subject to a margin, which is the ratio of the bond value to the market value, and which accounts for
legal and liquidation fees, as well as value depreciation, marketability, and fluctuations which might affect the net
cash available to the regulatory authority in case of forfeiture.
(o) By November 1, 1991, Pennsylvania shall amend Sec. 86.158(b)(3) or otherwise amend its program to be no
less effective than 30 CFR 800.21(e)(2) to ensure that the bond value of all collateral bonds be evaluated during the
permit renewal process to ensure that the collateral bond is sufficient to satisfy the bond amount requirements.
(p) By November 1, 1991, Pennsylvania shall amend Sec. 86.174(b)(3), or otherwise amend its program to be no
less effective than 30 CFR 800.40( c)(2) by requiring the necessary reference to chapter 88.
(q) [Reserved]
(r) By November 1, 1991, Pennsylvania shall amend Sec. 86.193(h) or otherwise amend its program to be no less
effective than 30 CFR 846.12(a) by clarifying that an individual civil penalty is not a substitute for mandatory civil
penalties and to clarify when the assessment of an individual civil penalty may be appropriate.
(s)-(v) [Reserved]
(w) By November 1, 1991, Pennsylvania shall amend Secs. 87.125(a), or otherwise amend its program to be no
less stringent than section 515(b)(15)(E) of SMCRA to provide the opportunity to request a preblasting survey to
every resident or owner of a man-made structure or dwelling within one-half mile of any part of the permit area.
(x)-(gg) [Reserved]
(hh) By November 1, 1991, Pennsylvania shall amend Sec. 89.59(a)(1) and (2) or otherwise amend its program to
be no less effective than 30 CFR 784.14(h)(1) to require the monitoring plan to specify that, at a minimum, the total
dissolved solids or specific conductance, pH, total iron, total manganese, and water levels shall be monitored and
data submitted to Pennsylvania at least every three months for each three months for each monitoring location.
(ii)-(jj) [Reserved]
(kk) By April 22, 1992, Pennsylvania shall amend the following rules of the Pennsylvania Surface Mining and
Conservation Act to correct cross-references:
(1) At section 3.1( c), replace the cross-reference to section 4.2(f) with one to 4b(f).
(2) At section 3.1(d), replace the cross-reference to section 18.6 with one to 24.
(ll) [Reserved]
(mm) By April 22, 1992, Pennsylvania shall amend 25 Pa. Code 86.187(b)(1) or otherwise amend its program by
requiring that alternative reclamation plans comply with all applicable performance standards in accordance with
86.189( c)(2), ( c)(3) or ( c)(4), whichever is appropriate.
(nn) By April 22, 1992, Pennsylvania shall amend 25 Pa. Code 86.187( c) and section 18( c) of the Pennsylvania
Surface Mining and Conservation Act or otherwise amend its program to be no less effective than 30 CFR
816.133(a) and 817.133(a) by requiring that alternative postmining land use determinations for sites with forfeited
bonds under the Federal interim program or under Pennsylvania's permanent program be made to ensure that all
disturbed areas are restored to conditions that are capable of supporting either the uses they were capable of
supporting before any mining, or higher or better uses.
(oo) By April 22, 1992, Pennsylvania shall delete 25 Pa. Code 86.189( c)(5) or otherwise amend its program to
be no less effective than 30 CFR 816.133(a) and 817.133(a) by requiring that sites bonded during the Federal
interim program or under Pennsylvania's permanent program be restored to conditions that are capable of supporting
the uses they were capable of supporting before any mining or higher or better uses.
(pp) By April 22, 1992, Pennsylvania shall delete 25 Pa. Code 86.190(a)(3).
(qq) By April 22, 1992, Pennsylvania shall delete the words "but are not limited to" from the introductory
paragraph of 86.190(a).
(rr) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.36( c) to require permit
denial for unabated violations of any Federal or State program under SMCRA, without the three-year limitation.
(ss) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.37(a)(8) of (a)(11) to
require that, within 30 days of the initial judicial review affirming a violation, the applicant submit proof that the
violation has been corrected or is in the process of being satisfactorily corrected.
(tt) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.37(a)(10) to require that all
violations of the Federal SMCRA and all programs approved under SMCRA be considered in determining whether
there is a demonstrated pattern of willful violations.
(uu) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.37(a) to require that the
criteria upon which the regulatory authority bases its decision to approve or deny a permit application are based on
all information available to the regulatory authority.
(vv) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.37(a) to include language
that would prohibit permit approval if the applicant or anyone linked to the applicant through the definition of
"owned or controlled" or "owns or controls" has forfeited a bond and the violation upon which the forfeiture was
based remains unabated.
(ww) By May 1, 1993, Pennsylvania shall submit a proposed amendment to sections 86.37(a)(9) and (a)(16) to
require denial of a permit if it finds that those linked to the applicant through the definition of "owned or controlled"
or "owns or controls" are delinquent in payment of abandoned mine reclamation fees or delinquent in the payment
of State and Federal final civil penalty assessments.
(xx) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.37( c), to require that the
regulatory authority's reconsideration of its decision to approve the permit include a review of information, updated
for the period from permit approval to permit issuance, pertaining to the payment of abandoned mine reclamation
fees and civil penalty fees and the status of unabated violations upon which a bond forfeiture was based.
(yy) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.43, to require the regulatory
authority to review the circumstances under which a permit was issued whenever it has reason to believe that the
permit may have been improvidently issued.
(zz) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.62(b)(2)(ii) to correct the
cross-reference to 86.63 with a reference to section 86.212( c).
(aaa) By May 1, 1993, Pennsylvania shall submit a proposed amendment to sections 86.62( c) and 87.14(3) to
include the requirement that the application include the address for each permit held by a related entity or company,
and identification of the regulatory authority for each such permit.
(bbb) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.63(a)(3) to require that all
applications for surface mining permits include the specific information required by section 86.63(a)(3)(i)-(viii) for
all cessation orders received, by the applicant and anyone linked to the applicant through ownership and control,
prior to the date of the application.
(ccc) By October 5, 1993, Pennsylvania shall submit a proposedamendment to Sec. 86.133(f) to require that
exploration on areas designated as unsuitable for mining shall be subject to permitting requirements no less effective
than the Federal regulations at 30 CFR 772.12.
(ddd) [Reserved]
(eee) By October 5, 1993, Pennsylvania shall submit a proposed amendment to Sec. 86.195 (a) and (b) to specify
that individual civil penalties may be assessed against corporate directors or agents of the corporate permittee and to
include provisions for the assessment of an individual civil penalty for a failure or refusal to comply with any orders
issued by the Secretary.
(fff) By October 5, 1993, Pennsylvania shall submit a proposed amendment to Secs. 87.151(d), 89.86(e)(2)(ii)
( C), and 90.155(d) to require that the configuration and species composition for reclaimed forest land be reviewed
and approved, either on a site-by-site basis or a program wide basis, by the Bureau of Forestry.
(ggg) By October 5, 1993, Pennsylvania shall submit a proposed amendment to Sec. 86.151(d) to define the point
at which seeding, fertilization, irrigation, or rill and gully repairs cease to be augmentative and may be considered
nonaugmentative normal husbandry practices. Moreover, Pennyslvania shall submit a proposed amendment to
require such practices be evaluated and approved in accordance with the state program amendment process and 30
CFR 732.17.
(hhh) By October 5, 1993, Pennsylvania shall submit a proposed amendment to Secs. 87.155(b)(5),
89.86(e)(2)(iii)(B) and 90.159(b)(3) to require that at least 80 percent of the trees and shrubs to be used in
determining the success of stocking and adequacy of planting, at the time of bond release, have been in place for 60
percent of the applicable minimum period of responsibility.
(iii) By October 5, 1993, Pennsylvania shall submit a proposed amendment to Secs. 87.112( c) and 89.111( c) to
require a seismic safety factor of at least 1.2 for all impoundments that meet the criteria of 30 CFR 77.216(a) or are
located where failure could cause loss of life or serious property damage.
(jjj) By October 5, 1993, Pennsylvania shall submit a proposed amendment to Sec. 90.112( c)(2) to require that
all impounding structures that meet the criteria of 30 CFR 77.216(a) and are either constructed of coal mine waste
or intended to impound coal mine waste have sufficient spillway capacity and/or storage capacity to safely pass or
control the runoff from the 6-hour PMP or greater precipitation event.
(kkk) By October 5, 1993, Pennsylvania shall submit a proposed amendment to Sec. 88.1 to require the definition
of affected area to include all roads which receive substantial use and are substantially impacted by the mining
activity.
(lll) By October 5, 1993, Pennsylvania shall submit a proposed amendment to Sec. 88.1 to require that the
definition of access road include all roads that are improved or maintained for minimal and infrequent use and that
the area of the road is comprised of the entire area within the right-of-way, including roadbeds, shoulders, parking
and side areas, approaches, structures, and ditches.
(mmm) By October 5, 1993, Pennsylvania shall submit a proposed amendment to Sec. 88.1 to require that the
definition of haul road include all roads (including public roads) that are used as an integral part of the coal mining
activity and to clarify that the area of the road includes the entire area within the right-of-way, including roadbeds,
shoulders, parking and side areas, approaches, structures, and ditches.
(nnn) By September 19, 1994, Pennsylvania shall submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to revise section 86.159(l)(2) to require two
officer signatures for each corporate indemnitor, an affidavit from the corporation(s) certifying that entering into the
indemnity agreement is valid under all applicable Federal and State laws, and documents that evidence the authority
of the signatories to bind the corporation and an authorization by the parent corporation to enter into the indemnity
agreement.
(ooo) [Reserved]
(ppp) By January 6, 1998, Pennsylvania shall submit a proposed amendment to section 86.5(m), or otherwise
amend its program, to provide for notification of the operator and any intervenors of a decision not to revoke an
exemption.
(qqq) By January 6, 1998, Pennsylvania shall submit a proposed amendment to subsection 86.55(j), or otherwise
amend its program, to require that any applications for permit renewal be submitted at least 120 days before the
permit expiration date.
(rrr) By January 6, 1998, Pennsylvania shall submit a proposed amendment to subsections 87.108( c), 89.24( c),
and 90.108( c), or otherwise amend its program, to require, without exception, that sedimentation ponds cannot be
removed sooner than two years after the last augmented seeding.
(sss) By January 6, 1998, Pennsylvania shall submit proposed amendments to subsections 88.105( c), 88.201( c)
and 88.305( c), or otherwise amend its program, to require additional hydrologic testing whenever the PHC
determination indicates that adverse impacts may occur to the hydrologic balance, or that acid-forming or toxic-
forming material is present that may result in the contamination of surface or ground water supplies.
(ttt) By January 6, 1998, Pennsylvania shall submit a proposed amendment to sections 88.321 and 90.133, or
otherwise amend its program, to require that no noncoal waste be deposited in a coal refuse pile or impounding
structure.
(uuu) By January 6, 1998, Pennsylvania shall submit a proposed amendment to provide counterparts to the
Federal regulations at 30 CFR 702.15 (d), (e), (f) and 702.17 ( c)(2) and ( c)(3) to require that authorized
representatives have the right to enter operations conducting incidental coal extraction and that administrative
reviews of the State's determinations be conducted.
(vvv) By July 1, 1998, Pennsylvania shall amend the Pennsylvania program, or provide a written description of an
amendment together with a timetable for enactment which is consistent with established administrative or legislative
procedures in the State, to clarify the meaning of the term "excess soil and related materials" as that term is used in
the definition of "coal refuse disposal activities."
(www) By July 1, 1998, Pennsylvania shall amend the Pennsylvania program, or provide a written description of
an amendment together with a timetable for enactment which is consistent with established administrative or
legislative procedures in the State, to authorize stream buffer zone variances for coal refuse disposal activities only
where such activities will not cause or contribute to the violation of applicable State or Federal water quality
standards, and will not adversely affect water quality and quantity, or other environmental resources of the stream.
(xxx) By July 1, 1998, Pennsylvania shall amend the Pennsylvania program, or provide a written description of an
amendment together with a timetable for enactment which is consistent with established administrative or legislative
procedures in the State, to clarify, in the regulations to be developed to implement the provisions of section 6.2 of
the Coal Refuse Disposal Act (as is required by Section 3.2(b) of the Coal Refuse Disposal Act), that preexisting
discharges that are encountered must be treated to the State effluent standards at Chapter 90, subchapter D at
90.102.
(yyy) By July 1, 1998, Pennsylvania shall amend the Pennsylvania program, or provide a written description of an
amendment together with a timetable for enactment which is consistent with established administrative or legislative
procedures in the State, to clarify that Subsection 6.2(h) of the Coal Refuse Disposal Act pertains to preexisting
discharges that are not encountered.
(zzz) By July 1, 1998, Pennsylvania shall amend the Pennsylvania program, or provide a written description of an
amendment together with a timetable for enactment which is consistent with established administrative or legislative
procedures in the State, to be no less effective than 30 CFR 816.116(b)(5), by limiting the application of the
revegetation standards under Subsection 6.2(k) of its Coal Refuse Disposal Act, to areas that were previously
disturbed by mining and that were not reclaimed to the State reclamation standards.
(aaaa) By July 1, 1998, Pennsylvania shall amend the Pennsylvania program, or provide a written description of
an amendment together with a timetable for enactment which is consistent with established administrative or
legislative procedures in the State, to clarify that under Subsection 6.2(1) of its Coal Refuse Disposal Act, a special
authorization for coal refuse disposal operations will not be granted, when such an authorization would result in the
site being reclaimed to lesser standards than could be achieved if the moneys paid into the Fund, as a result of a
prior forfeiture on the area, were used to reclaim the site to the standards approved in the original permit under
which the bond moneys were forfeited.
(bbbb) By July 1, 1998, Pennsylvania shall amend the Pennsylvania program, or provide a written description of
an amendment together with a timetable for enactment which is consistent with established administrative or
legislative procedures in the State, by adding implementing rules no less effective than 30 CFR 785.13, and no less
stringent than SMCRA Section 711 and which clarify that experimental practices are only approved as part of the
normal permit approval process and only for departures from the environmental protection performance standards,
and that each experimental practice receive the approval of the Secretary.
(cccc) [Reserved]
(dddd) [Reserved]
(eeee) [Reserved]
(ffff) [Reserved]
(gggg) By August 25, 2000, Pennsylvania shall amend its performance standards for coal refuse disposal, or
provide a written description of an amendment together with a timetable for enactment which is consistent with
established administrative or legislative procedures in the state, to require that haul roads and access roads be
designed, constructed and maintained to control or prevent erosion.
[50 FR 32849, Aug. 15, 1985 and 50 FR 45823, Nov. 4, 1985, as amended at 51 FR 18321, May 19, 1986; 51 FR
31945, Sept. 8, 1986; 52 FR 19510, May 26, 1987; 52 FR 23173, June 18, 1987; 53 FR 43439, Oct. 27, 1988; 56
FR 24719, May 31, 1991; 56 FR 55087, Oct. 24, 1991; 57 FR 62229, Dec. 30, 1992; 58 FR 18160, Apr. 8, 1993;
59 FR 36944, July 20, 1994; 60 FR 16793, Apr. 3, 1995; 62 FR 60169, 60177, Nov. 7, 1997; 63 FR 19802, 19820,
Apr. 22, 1998, as corrected at 63 FR 32615, June 15, 1998; 64 FR 14610, 14619, Mar. 26, 1999; 64 FR 30387,
30388, June 8, 1999; 65 FR 15553, 15558, Mar. 23, 2000; 65 FR 39289, 39299, June 26, 2000]
[EFFECTIVE DATE NOTE: 64 FR 30387, 30388, June 8, 1999, removed and reserved paragraphs (cccc), (dddd),
(eeee), and (ffff), effective June 8, 1999; 65 FR 15553, 15558, Mar. 23, 2000, removed and reserved paragraph
(ooo), effective Mar. 23, 2000; 65 FR 39289, 39299, June 26, 2000, removed and reserved paragraph (ll), and
added paragraph (ggg), effective June 26, 2000.]
30 CFR Sec. 938.20 Approval of the Pennsylvania Abandoned Mine Land Reclamation Plan.
The Pennsylvania Abandoned Mine Land Reclamation Plan as submitted on November 3, 1980, is approved.
Copies of the approved Plan are available at the following locations:
(a) Pennsylvania Department of Environmental Resources, Bureau of Abandoned Mine Reclamation, Market
Street State Office Building, 400 Market Street, P.O. Box 2063, Harrisburg, Pennsylvania 17105-2063.
(b) Office of Surface Mining Reclamation and Enforcement, Harrisburg Field Office, Harrisburg Transportation
Center, Third Floor, suite 3C, Fourth and Market Streets, Harrisburg, Pennsylvania 17101.
[57 FR 49137, Oct. 30, 1992; 59 FR 17930, Apr. 15, 1994]
30 CFR Sec. 938.25 Approval of Pennsylvania abandoned mine land reclamation plan amendments.
The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the Federal Register.
________________________________________________________________________________
Original amendment Date of final Citation/description
submission date publication
April 17, 1992 Oct. 30, 1992 Part D of Plan--Initiative, Part E of Plan--Modifications.
Nov. 21, 1997 March 26, 1999 Part F--Government Financed Construction Contracts.
________________________________________________________________________________
[57 FR 49138, Oct. 30, 1992; 62 FR 9932, 9953, Mar. 5, 1997; 64 FR 14610, 14619, Mar. 26, 1999]
[EFFECTIVE DATE NOTE: 64 FR 14610, 14619, Mar. 26, 1999, added an entry to the table, effective Mar. 26,
1999.]
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