Suspension of Implementation of a Certain Provision of the Coal Refuse Disposal Control Act [28 Pa.B. 2544] On April 22, 1998, the Office of Surface Mining Reclamation and Enforcement (OSM), Department of Interior published in the Federal Register its findings regarding a program amendment to Pennsylvania's permanent mining regulatory program submitted by the Pennsylvania Department of Environmental Protection. By the act of December 7, 1994 (P. L. 792, No. 114), the General Assembly amended Pennsylvania's Coal Refuse Disposal Control Act (CRDCA). These amendments were submitted to OSM for approval as an amendment to Pennsylvania's permanent regulatory program for coal mining.
The CRCDA prohibits the disposal of coal refuse within 100 feet of the bank of a stream. However, it authorizes the Department to grant a variance to allow disposal of coal refuse within this buffer zone if the operator demonstrates to the Department that there will be ''no significant adverse hydrologic or water quality impacts.''
In approving the program amendment, the Secretary of the United States Department of the Interior found that the word ''significant'' in section 6.1(h)(5) of the CRDCA, as it pertains to granting of variances to the 100-foot stream buffer zone, was inconsistent with Federal law.
Section 15.1 of the Coal Refuse Disposal Control Act provides, in pertinent part:
''In order to maintain primary jurisdiction over surface coal mining in Pennsylvania, the department shall suspend implementation of any provision of this act found to be inconsistent with Federal law by the Secretary of the United States Department of the Interior under section 505 of the Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87, 30 U.S.C. § 1201 et seq.) or the Administrator of the Environmental Protection Agency under section 402 of the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.).''
52 P. S. § 30.65a.
Consequently, on May 19, 1998, and in accordance with section 15.1 of the Coal Refuse Disposal Control Act (52 P. S. § 30.65a), the Department suspended implementation of the word ''significant'' found in section 6.1(h)(5) of the Coal Refuse Disposal Control Act.
JAMES M. SEIF,
Secretary[Pa.B. Doc. No. 98-863. Filed for public inspection May 29, 1998, 9:00 a.m.]
