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PA Bulletin, Doc. No. 07-362

NOTICES

Water Supply Replacement-Mining Operations; Notice of Rates to be Used for Calculating Long-Term Operation and Maintenance Cost Bonds

[37 Pa.B. 1097]
[Saturday, March 3, 2007]

   The Department of Environmental Protection (Department) announces the rates to be used to calculate bond amounts for water supply replacement operation and maintenance costs for anthractie and bituminous coal and industrial mineral mining operations. The authority for bonding mining operations is found under The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a), the Coal Refuse Disposal Control Act of 1968 (52 P. S. §§ 3051--30.66), the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21), the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326) and the regulation promulgated thereunder at 25 Pa. Code chapters 77 and 86 (relating to noncoal mining and surface and underground coal mining general).

   The rates are used in calculating the water supply operation and maintenance bond amounts for replacement water supplies affected by activities at mining operations including, surface mines, coal refuse disposal sites, coal refuse reprocessing sites, coal processing facilities, underground coal mining operations and industrial mineral surface mines. The procedures for calculating water supply operation and maintenance bonds are described in technical guidance 562-4000-102, ''Increased Operation and Maintenance Costs of Replacement Water Supplies,'' which is available on the Department's website (www.depweb.state.ps), at the Public Participation Center page. These calculations are based, in part, on the five-year average rate of inflation and the 5-year average rate of 20-year Treasury bills. The guidance document requires these figures to be updated and published each year in the Pennsylvania Bulletin.

Rates

   The Department calculated the rate of inflation and rate of return using 5-year averages. For the rate of inflation, the Consumer Price Index (Eastern Urban) was averaged for the calendar years 2002 through 2006, resulting in a rate of 3.12%. The interest rate for the 20-year Treasury bill as reported by the Federal Reserve was averaged for the calendar years 2002 through 2006 resulting in a rate of 5.01%.

   For background information and supporting documentation regarding the rates, contact William Allen, Bureau of Mining and Reclamation, Division of Monitoring and Compliance, P. O. Box 8461, Harrisburg, PA 17105-8461, (717) 787-5103, wallen@state.pa.us.

Effective Date

   The rates in this notice become effective April 1, 2007. They will remain in effect until new rates are published. The Department may review the adequacy of bonds on existing permits at any time. The Department will conduct these reviews before issuing permit renewals. The Department may conduct similar reviews at the mid-term of a permit and before approving a permit revision. The Department anticipates that new rates will be published in February 2008 to be effective April 1, 2008.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 07-362. Filed for public inspection March 2, 2007, 9:00 a.m.]


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